Last updated: December 22, 2021
Second Hand Smoke (or similar term)
Although this term is not defined, a definition is not strictly necessary because the term is not used in the law or regulations. The law's smoke free measures provide that “smoking is banned in public places,” rather than prohibiting “second hand smoke.” Therefore, a definition of "second hand smoke" is not necessary for interpretation of the law.
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
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 "smoking” or “smoke" should be provided in accordance with the definition supplied by FCTC Art. 8 Guidelines para. 17.
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 notion of a place accommodating the public should be understood in contrast to households and all other places of private use. It is particularly concerned with government facilities and the institutions and agencies under their guardianship, companies, stores, malls, shopping centers, cafés, restaurants, discotheques, casinos, bus and train stations, airports. It is also concerned with public places for cultural or athletic purposes, as long as they are enclosed and covered, such as indoor arenas for sports events and shows.
As far as places of so-called socialization are concerned, such as cafés, restaurants, discotheques, casinos, the prohibition applies to enclosed and covered places, even if the façade is removable. (…)
In companies, the prohibition applies to places used by all personnel (entrances, reception areas, eating facilities, rest areas, walk-through areas…). It also applies to work places, meeting or training rooms, but also to offices, even those occupied by a single person, inasmuch as several people have access to it, notably maintenance personnel.
The definition of “public place” is more limiting and less protective than the FCTC Art. 8 Guidelines definition because it does not extend to temporary areas, nor does it specify that a place is public regardless of ownership or right of access.
Additionally, the definition includes a list of public spaces. Lists of public places covered by the smoking ban can create confusion about whether the list is all-inclusive or merely meant to provide examples. Additionally, lists of public places where smoking is banned should not be necessary if the broad definitions of "indoor" or "enclosed," "workplaces," and "public places" provided in the FCTC Art. 8 Guidelines are used.
This definition does not align with the definition of "public places” as provided in FCTC Art. 8 Guidelines para. 18. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide a definition of “public place” in accordance with the definition contained in the FCTC Art. 8 Guidelines.
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)
Despite legal texts describing the scope of a “workplace,” the term is not currently defined. The law does make clear, however, that the smoking ban covers places “used by all personnel,” such as entrances, reception areas, eating facilities, rest areas, and walk-through areas.
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 "workplace" should be provided in accordance with the definition supplied by FCTC Art. 8 Guidelines para. 20.
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)
- passenger trains (TGV, “Corail” trains, TER, Eurostar, Thalys, etc.);
- urban transit vehicles (subways, tramways, buses, people movers, urban funiculars, etc.);
- steep-grade railways (rack railways, funiculars, cable-cars and condoles);
- passenger vehicles for highway transportation, suburban transport, tourism, school buses, and low-capacity vehicles providing on-demand transit service other than taxis;
- passenger boats on lakes and rivers (including excursion boats such as river excursion boats), car ferries and pedestrian ferries;
- ferries and cruise ships flying the French flag, boats for maritime excursions and island ferry service and maritime ferries.
The definition of “public transportation vehicles” does not align with the definition of “public transport” as provided in FCTC Art. 8 Guidelines para. 22 in that the definition does not specify that public transportation is usually for reward or commercial gain, and in that it provides a list of vehicles that constitute public transport. Moreover, the list specifically excludes taxis, which is a means of public transport covered by 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
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)
All products that can be consumed and are composed, even partially, of tobacco, whether or not it is genetically modified, are considered to be tobacco products.
Tobacco products include cigarettes, rolling tobacco, pipe tobacco, water pipe tobacco, cigars, cigarillos, chewing tobacco, snuff and tobacco for oral use.
New tobacco products, which are products other than those mentioned in the second sub-paragraph, and that came onto the market after May 19, 2014, are also tobacco products in the sense of the first sub-paragraph.
The definition of "tobacco product" contained in the Code of Public Health aligns with the definition of "tobacco product" contained in the FCTC in that it encompasses all products made entirely or partly of tobacco and are consumed in any manner.
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))