Last updated: October 4, 2019
Second Hand Smoke (or similar term)
“Second-hand smoke” means smoke produced by the burning of a cigarette or other tobacco products, to which the smoke exhaled by the smoker is generally added.
“Passive smoking” means any consumption by involuntary absorption of the smoke of tobacco, tobacco products or derived products.
Both the definitions of “second-hand smoke” contained in the law and "passive smoking" contained in the ministerial order align with the definition of "second hand smoke" provided in the FCTC Art. 8 Guidelines.
However, a definition is not strictly necessary because the term "passive smoking" is not used to impose a ban on smoking in the law. Instead, the law's smoke free measures provide that "no person shall consume tobacco…in public places."
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” means holding or handling a lit tobacco product, whether or not the smoke is actively inhaled or exhaled.
The definition of “smoking” contained in the law aligns with the definition of “smoking” 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 places or spaces” means any opened or closed, publicly owned or publicly used places accessible and usable by all.
The definition of "public places or spaces" contained in the law aligns with the definition provided in the FCTC Art. 8 Guidelines. However, the definition would be more in line with the FCTC-based definition if it specified that public places may be permanent or temporary.
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)
The law does not contain a definition of “workplace.”
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of “workplace” 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 transit” means mode of transport consisting of transporting several people together for the same trip.
The definition of “public transit” aligns with the definition provided in the FCTC Art. 8 Guidelines. For greater clarity, however, the legislation should include the concept that the provision of transport is usually for reward or commercial gain.
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.”
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 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 and tobacco derivatives” means a product that is entirely or partially composed of tobacco as its raw material, produced to be smoked, sucked, chewed or sniffed.
“Tobacco product” means products entirely or partially made of leaf tobacco as the raw material and intended to be smoked, snuffed, chewed or sucked.
The definitions of “tobacco product and tobacco derivatives” contained in the law and “tobacco product” contained in the ministerial order aligns with the definition of “tobacco product” provided 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))
“Smoke-free space” means any place where smoking is strictly prohibited. It is comprised of all interior workplaces, public transportation, interior public places and, as applicable, other public places.
The definition of “smoke-free space” is important because it clarifies that all indoor workplaces, indoor public places, and public transport are smoke-free.