LANGUAGE
Last updated: September 18th 2019

Key Terms

Second Hand Smoke (or similar term)

Term Not Defined
Analysis

Although this term is not defined, a definition is not strictly necessary because the term is not used in the Tobacco Control Law. The law’s smoke free measures provide that “it is forbidden to smoke” in certain places, rather than, for example, “no person shall be exposed to second hand smoke” in enclosed public places.

FCTC-Based Definition:

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

Term Defined
Definition

Smoking: this designates the simple fact of holding or using a lit tobacco product, whether or not the smoke is actively inhaled or exhaled.

Analysis

The definition of “smoking” contained in a decree aligns with the definition provided for in the FCTC Art. 8 Guidelines.

FCTC-Based Definition:

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

Term Defined
Definition

Public place: any place accessible to the public and any place for group use regardless of whether it is privately or publicly owned or its terms of access.

Public place: any place accessible to the public and for shared use, regardless of whether it is publicly or privately owned, or the terms of access. It applies to an interior or enclosed public place, to an open or partially open public place, to work places and to public transport.

Analysis

The definition of “public place” in the law aligns with the definition provided in the FCTC Art. 8 Guidelines. The definition of “public place” contained in a decree adds to the definition in the law by including all workplaces and public transport as “public places.”

FCTC-Based 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

Term Defined
Definition

Work place: any place used by people in the course of their employed activities, regardless of whether the work is paid or of a voluntary nature.

Work places include not only the place where work is performed, but also all attached places used in common by workers in the context of their employment or voluntary service, including hallways, elevators, stairways, entrance halls, common areas, cafeterias, bathrooms, lounges, dining rooms, as well as external buildings such as sheds or hangars. Vehicles used in the course of work are considered to be work places, and must be duly designated as such.

Work places also include places of residence or accommodation such as prisons and other detention facilities, mental institutions and shelters or rest homes, places of residence serving temporarily as work places.

Analysis

The definition of “work place” contained in a decree aligns with the definition provided for in the FCTC Art. 8 Guidelines.

FCTC-Based Definition:

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

Term Defined
Definition

Public transportation: this designates all vehicles used for public or shared transportation, whether paid or otherwise.

Analysis

The definition of “public transport” contained in a decree aligns with the definition provided for in the FCTC Art. 8 Guidelines.

FCTC-Based Definition:

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

Term Defined
Definition

Interior or enclosed public place: any space covered by a roof or surrounded on one or more sides by walls or partitions, irrespective of the type of material used to make the roof or the partitions, and of whether it is a permanent or temporary structure.

Analysis

The definition of “interior or enclosed” contained in a decree aligns with the definition provided for in the FCTC Art. 8 Guidelines.

FCTC-Based Definition:

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

Term Defined
Definition

Tobacco products: products composed entirely or partially of tobacco leaf as its component and manufactured to be smoked, sucked, chewed, or used in any other manner of consumption.

Analysis

The definition of “tobacco products” aligns with the definition provided in FCTC Art. 1(f).

FCTC-Based Definition:

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))