Last updated: October 28, 2019
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 government regulations (PP). The law’s smoke free measures provide that certain places shall be “smoke free zones” rather than, for example, “no person shall be exposed to second hand smoke” in enclosed public places. “Smoke free zone” is defined.
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
Although this term 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 certain places shall be “smoke free zones” rather than, for example, “no person shall smoke” in enclosed public places. “Smoke free zone” is defined.
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: all closed places accessible to the general public and/or places used together for community activities that are managed by government, private entities and the community.
The definition of “public place” mostly aligns with the definition provided in the FCTC Art. 8 Guidelines. To fully align with the FCTC definition, however, the definition should state that a public place can be either permanent or temporary and that such places are accessible to the general public regardless of ownership or right of access.
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: every enclosed or open space or area whether mobile or fixed, in which people are employed or which is frequently entered by workers for purposes of a business and in which there is a source or sources of danger.
This definition does not align with best practice, as set forth in the FCTC Art. 8 Guidelines. It is more limiting and less protective than the FCTC Art. 8 Guidelines definition because it applies only to work spaces where there is a source of danger, such as a factory environment. The definition does not appear to apply to office environments and other types of workplaces. A definition of “workplace” should be provided 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 transport: public transportation equipment which can be land, water and air transport.
The definition of “public transport” aligns with 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
The terms “indoor” and “enclosed” are not defined in the law. The lack of definition for “enclosed” or “indoor” can impede full and effective enforcement of provisions that prohibit smoking in indoor or enclosed places. A definition of “indoor” or “enclosed” should be provided 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: a product that is wholly or partly made of tobacco leaf as its raw material that is processed for use by burning, sucking, and inhaling or chewing.
The definition of “tobacco product” aligns with the definition provided in FCTC Art. 1.
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 Zone
Smoke free zone: a room or area that has been declared as a place in which smoking or the activities of production, sale, advertising and/or promotion of tobacco products are prohibited.
The government regulations (PP) provide for certain types of places to be “smoke free zones.”
Smokeable: a tobacco product intended to be burned and sucked and/or its smoke inhaled, including kretek cigarettes, white cigarettes, cigars or other forms produced from the nicotiana tabacum, nicotiana rustica, and other species of plants or their synthesized equivalents which contain nicotine and tar, with or without additives.
Although Government Regulation (PP) 109 of 2012 provides a definition of “tobacco product,” some articles regarding packaging and labeling and advertising, promotion and sponsorship only apply to smokeables which impacts and narrows the scope of these articles. For purposes of the smoke free provisions, however, this definition does not prevent realization of FCTC Art. 8 policies.