Last updated: March 6, 2020
Key Terms
Second Hand Smoke (or similar term)
The law does not contain a definition of “second hand smoke.” However, a definition of this term is not necessary for interpretation of the law because the law prohibits smoking in all enclosed public places, work places, and public transportation (with exceptions) 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: the act of inhaling and exhaling tobacco smoke, as well as holding any tobacco-based product, whether burning or electronic cigarettes.
The law’s definition of “smoking” aligns with the key concept from the FCTC Art. 8 Guidelines definition in that it encompasses possession or control over a lit tobacco product. Additionally, the law’s definition is more expansive than the definition provided in the FCTC Art. 8 Guidelines because it includes electronic cigarettes.
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 define "public place." Rather, it prohibits smoking “in all enclosed public places, work places, and public transportation”; lists a number of specific places where smoking is prohibited, including “any other enclosed public space intended for public use other than those indicated in the foregoing sub-paragraphs”; and provides for exceptions.
The failure to define this key term may hinder implementation and enforcement of the law as it is not explicitly clear that it includes both permanent and temporary areas, regardless of ownership or right of access. Additionally, lists of places covered by the law can create confusion about whether the list is all inclusive or merely meant to provide examples. Such lists should not be necessary if the broad definitions of "indoor/enclosed," "workplace," and "public place" provided in the FCTC Art. 8 Guidelines are used. At a minimum, the list of places should be clearly marked as illustrative by using the phrase "including but not limited to."
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, a definition of "public place" should be provided in accordance with the FCTC Art. 8 Guidelines 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
Work place: a place where workers are located and in which they are directly or indirectly subject to the control of the employer.
The law’s definition of “work place” does not align with the FCTC Art. 8 Guidelines definition. It is vague and potentially limiting. To ensure comprehensive coverage and fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, a definition of "workplace" 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." Rather, it prohibits smoking “in all enclosed public places, work places, and public transportation”; lists a number of specific places where smoking is prohibited, including “taxis, vehicles and boats intended for public transportation of passengers”; and provides for exceptions.
To ensure comprehensive coverage and fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, a definition of "public transport" 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
Enclosed space: a space fitted out with a covering and enclosed by walls, partitions or other surfaces, with openings, whose overall area is less than 50% of the overall area of the external surfaces of the space.
The law’s definition of "enclosed space" is narrower than the FCTC Art. 8 Guidelines definition of "enclosed." The law's definition requires a "covering and … walls, partitions or other surfaces, with openings, whose overall area is less than 50% of the overall area of the external surfaces of the space." The FCTC Art. 8 Guidelines definition requires only a "roof or one or more walls." To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of "enclosed" in accordance with the definition 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)
Tobacco Product
Tobacco products: all products completely or partially made from tobacco leaf as a raw material, whether it is genetically modified or not, that are intended to be smoked, sucked, chewed or sniffed.
The law’s definition aligns with the definition of “tobacco product” in 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))
