Last updated: February 10, 2020
Second Hand Smoke (or similar term)
Although the term “secondhand smoke” is not defined, a definition is not strictly necessary because the term is not used in the law. The law's smoke free measures provide that “no person shall smoke” in enclosed public places rather than, for example, “no person shall be exposed to second hand smoke in enclosed 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
“To smoke,” to smoke, hold or handle a lit tobacco product or have possession of one.
The definition of “to smoke” incorporates the key concept from the FCTC Art. 8 Guidelines definition in that it encompasses possession or control over a lit tobacco product regardless of whether it is being actively inhaled.
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)
“Enclosed public space” refers to all or part of a building or any other enclosed place to which the public has access by law or by express or implicit invitation, in particular including
- bus shelters or waiting posts for taxis located outdoors;
- waiting areas located outside an educational or health institution; or an institution accommodating minors, pregnant women or the elderly;
- any other place prescribed by regulations.
The definition of “enclosed public space” aligns with the FCTC Art. 8 Guidelines definition of “public place.” However, the definition may be limiting in that it does not clearly specify that public access to a public place should not be conditioned on ownership or right of access and in that it does not explicitly include permanent and temporary structures.
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)
- an enclosed place, other than a vehicle, where agents perform their work in the context of their employment, apprenticeship or training;
- also refers to an adjacent corridor, vestibule, stairway, elevator, or the recreation area for agents, employees, pupils, students and interns – to bathrooms or other enclosed areas that are frequented by agents in the course of their employment, apprenticeship or training.
The definition of “indoor workplace” contained in the law aligns with the definition provided in the FCTC Art. 8 Guidelines. However, the definition in the law could be improved if it specified that the definition of “workplace” includes both permanent and temporary structures and is not dependent on whether work is done for compensation or on a voluntary basis.
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 and group transportation” refers to a motor vehicle that is used or placed at the disposal of
- the public as a means of shared transportation, or which serves to transport members of the public on the basis of payment;
- vehicles of employees or school buses.
The definition of “public and group transportation” aligns with the definition of “public transport” 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
There is no definition for this key term. Having no definition for this key term makes interpretation of many provisions difficult. This can hamper application and implementation of FCTC Art. 8 and the FCTC Art. 8 Guidelines.
A definition of “indoor” or “enclosed” should be provided in accordance with the definition supplied by FCTC Art. 8 Guidelines para. 19.
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)
Law No. 175-AN-07: “Tobacco products” is understood to refer to products entirely or partly made of the leaf of tobacco as raw material which are manufactured for smoking, sucking, chewing, or snuffing.
Decree No. 2007-0230: “Tobacco product” refers to a product manufactured from tobacco and intended to be smoked, such as water pipe tobacco.
The definition of “tobacco products” contained in the law aligns with the definition of “tobacco product” provided in FCTC Art. 1(f).
The definition of “tobacco product” contained in Decree No. 2007-0230 refers only to those tobacco products intended to be smoked, which is sufficient because the decree is specifically on restrictions on smoking in public.
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))
Establishment Where People Live in a Group
“Establishment where people live a group” refers to an establishment indicated in the following paragraphs:
- an establishment or an institution accommodating minors, pregnant women or the elderly;
- an establishment providing out-patient care and the waiting area located outdoors within a distance of up to 10 meters;
- an establishment where patients are provided with medical care or related services; and any other place prescribed by regulations.
The definition of “establishment where people live in a group” is relevant because it is describes a category of places where smoking is prohibited by law.