Last updated: December 15, 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. The regulations smoke free measures provide that "every person who smokes . . . commits an offence" rather than, for example, "no person shall be exposed to second hand smoke" in a work space.
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
“Smoke” means inhaling or exhaling the emissions of tobacco and, includes so handling an ignited or heated tobacco product that it produces smoke or other emissions by any means, including by electronic means.
“Tobacco smoke” means the smoke or other emissions released from tobacco.
The definition of “smoke” in the regulations is broader than the definition contained in the FCTC Art. 8 Guidelines because it includes smoke or other emissions released by electronic means as well as those by an ignited tobacco product.
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” means any –
(c) place of assembly; or
(d) other place, open to the public,
for the use of the public or, other similar space accessible to the public, and includes –
(e) bars, restaurants, clubs and tourist establishments;
(f) Government offices; and
(g) other places or buildings of all types, accessible to the public,
but does not include privately-occupied residences, not used for commercial purpose.
The definition of "public place" contained in the regulations aligns with the definition provided in the FCTC Art. 8 Guidelines. However, the definition would be more in line with the FCTC-based definition if it specified that public places may be permanent or temporary.
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 area or place used by persons during their employment, work or contract for services and includes -
(a) vehicles used in the course of employment or for work purposes;
(b) connected, annexed places or common areas; and
(c) residences, used for commercially-operated childcare activities.
The definition of “workplace” in the regulations is narrower than the definition contained in the FCTC Art. 8 Guidelines because it may not apply to areas used by volunteers and may not cover temporary structures. The definition would be more in line with the FCTC-based definition if it specified that workplaces may be permanent or temporary and include places where work is done 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 conveyance” means any form or mode of transportation which carries passengers, for hire or reward, whether in Jamaica or internationally, but does not include privately-operated vehicles, not used for commercial purposes.
The definition of “public conveyance” in the regulations aligns with the definition of “public transport” contain 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
“Enclosed” means –
(a) having a ceiling or roof or a cover which functions (whether temporarily or permanently) as a ceiling or roof; or
(b) being surrounded or closed off by one curved wall, or on two or more sides by walls or enclosures which function (whether temporarily or permanently) as walls, whether or not they contain doors, windows or other openings.
The definition of “enclosed” in the regulations aligns with the definition of “indoor” 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” means tobacco in any form, including by electronic nicotine delivery systems, whether the chemical components of those systems are derived from the natural product or manufactured by other means, in which it is used or consumed and includes the tobacco leaf, tobacco in cigarettes and any product entirely or partly made from the leaf of the tobacco plant as raw material and which is manufactured for use in smoking, sucking, chewing or snuffing tobacco or any by-product thereof.
The definition of “tobacco product” in the regulations is more expansive than the definition of “tobacco product” contained in FCTC Art. 1(f) in that it explicitly includes electronic nicotine delivery systems.
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))
“Tourist establishment” has the meaning ascribed to it by the Public Health (Tourist Establishments) Regulations, 2000.
In the Public Health (Tourist Establishments) Regulations, 2000, “tourist establishment” is defined as “a hotel, resort cottage, villa, guest house, apartment complex or any other such accommodation, with or without facilities for the preparation of meals, offering accommodation to guests, for reward, and includes the premises therefore.”
The definition of “tourist establishment” is relevant because the term is used in defining the term “public place.”
Outdoor Smoking Area
“Outdoor smoking area” means an area established pursuant to regulation 12(3).
The definition of “outdoor smoking area” contained in the regulations is significant because the law permits the establishment of outdoor smoking areas in specified places.
Place of Assembly for the Use of the Public
“Place of assembly for the use of the public” means any public space being used for gathering by individuals.
The definition of “place of assembly for the use of the public” is relevant because the phrase is used in defining the term “public place.”