Last updated: February 19, 2021
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 strictly necessary for interpretation of the law because the law prohibits or restricts "smoking” in specified 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)
Smoking or Smoke
“Smoking”, with its grammatical variations, means puffing or inhaling and expelling the smoke of any tobacco product and includes the holding of, or control over, any ignited tobacco product.
The definition of “smoking” contained in the Tobacco Control Decree 2010 aligns 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)
Having no definition for this key term makes interpretation of many provisions difficult. Further, the Regulation uses and defines the term “public” as “includ[ing] a section of the public,” which is a circular definition. Taken together, the lack of a clear definition of “public place” can hamper application and implementation of FCTC Art. 8 and the FCTC Art. 8 Guidelines.
A definition of "public place" should be provided in accordance with the definition supplied by FCTC Art. 8 Guidelines para. 18.
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” means any premises, whether owned or occupied by the Government or private sector or where workers are employed.
The definition of “workplace” does not align with the definition of workplace provided in the FCTC Art. 8 Guidelines because it does not specify whether a workplace building or structure may be temporary in nature and whether a workplace includes places where work is done on a voluntary basis. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the Tobacco Control Regulations 2012 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 service vehicle” means a motor vehicle licensed under Part VI of the Land Transport Act, 1998 for the purpose of carrying passengers for hire or reward.
The Tobacco Control Decree 2010 contains a definition of public transport, which includes a license obligation and a reference to carrying passengers for reward.
The law would more closely align with FCTC Art. 8 and the FCTC Art. 8 Guidelines if the definition did not specify a “motor vehicle” in which case the definition would also apply to other common forms of non- motorized transport.
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
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)
“Tobacco product” means any tobacco, cigarette, cigars, pipe tobacco, cigarillos or any other product the main ingredient of which is tobacco and which is designed for human consumption by smoking.
The definition of "tobacco product" is narrower than that contained in FCTC Art. 1(f) in that it only refers to smoking rather than including other forms of consumption such as chewing, snuffing and sucking. The law should contain a definition of "tobacco product" in accordance with the definition provided in the 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))