Last updated: April 15, 2020

Key Terms

Second Hand Smoke (or similar term)

Term Not Defined
Analysis

The law does not provide a definition for "second hand smoke." However, a definition in the law is not strictly necessary because the law prohibits or restricts "smoking" in certain places, rather than prohibiting "exposure to second hand smoke."

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

“Tobacco smoking” means inhaling primary smoke or aerosol released as a result of tobacco burning or heating.

Analysis

The definition of “tobacco smoking” is narrower than the definition of “smoke” contained in the FCTC Art. 8 Guidelines because it does not specifically encompass being in possession or control of a lit tobacco product. The law should contain a definition of "smoking in accordance with the definition provided 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 Not Defined
Analysis

The law does not contain a definition of "public place." However, the law contains a definition of "buildings and other structures” which includes some of the concepts of "public place," “workplace” and "enclosed."

The law should contain a definition of "public place" in accordance with the definition provided in the FCTC Art. 8 Guidelines.

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 Not Defined
Analysis

The law does not contain a definition of "workplace.” However, the law contains a definition of "buildings and other structures” which includes some of the concepts of "public place," “workplace” and "enclosed."

The law should contain a definition of "workplace" in accordance with the definition provided 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 Not Defined
Definition

“Public transportation” means any means of transportation, including, buses, trams, trolley busses, mini-buses, trains, airplanes, subway, ships or other sea vessels, which are used to transfer people and charge fees and/or receive commercial gains.

Analysis

The definition of "public transportation" provided in the law aligns with the definition of "public transport" provided 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 Not Defined
Analysis

The law does not contain a definition of "indoor" or "enclosed." However, the law contains a definition of "buildings and other structures” which includes some of the concepts of "public place," “workplace” and "enclosed."

The law should contain a definition of "indoor" or "enclosed" in accordance with the definition provided 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 product” means any product that contains tobacco or its elements (except for medications containing nicotine), and which is intended to be smoked, chewed, snused or sniffed, including:
a.a) filtered and unfiltered cigarettes;
a.b) papirosa, cigars and cigarillos;
a.c) pipe tobacco, tobacco for hookah;
a.d) rolling tobacco;
a.e) chewing, snus and snuff tobacco;
a.f) electronic cigarettes or other similar nicotine-delivering devices containing materials/cartridges/capsules.

Analysis

The definition of "tobacco product" 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))

Cigar Bar

Term Defined
Definition

“Cigar bar” means a specialized institution which is set up according to the permit issued in compliance with the Law of Georgia on Licenses and Permits, and where it is allowed to smoke a cigar.

Analysis

The definition of “cigar bar” is significant, because the law provides that smoking is permitted in this location.

Buildings and Other Structures

Term Defined
Definition

“Buildings and other structures” means a place with a floor, any type of roof or ceiling, and at least half of their surface (except roofs, ceilings, and floors) has any type of moving or static walls, made of any material, among them open or closed windows and doors.

Analysis

In lieu of a definition for “enclosed,” “public place,” or “workplace,” the law contains a definition of “buildings and other structures” to describe places where smoking is prohibited. Under the law, a place is a “building(s) and other structure(s)" if more than 50% of the area has a floor, ceiling and any type of wall. The definition of this term is narrower than the definition of “indoor” or “enclosed” contained in the FCTC Art. 8 Guidelines because the FCTC definition requires “a roof or one or more walls.”

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide definitions for the terms “enclosed,” “public place,” and “workplace” in accordance with the definitions provided in the FCTC Art. 8 Guidelines.