Last updated: September 21, 2020
Key Terms
Second Hand Smoke (or similar term)
Exposure to tobacco smoke means the fact that non-smokers breathe in either tobacco smoke exhaled by smokers or tobacco smoke rising from burning cigarettes.
The law contains a definition of "exposure to tobacco smoke" that aligns with the definition of the term "second hand smoke" provided in the FCTC Art. 8 Guidelines.
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
The Law on Tobacco Control does not contain a definition of "smoking" or "smoke." The law prohibits smoking in public places and other places, and, therefore, the failure to define this key term may hinder enforcement of these provisions.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of "smoking" or "smoke" in accordance 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)
Public Place
The Law on Tobacco Control does not contain a definition of "public place." The law prohibits smoking in "public places and crowded places." Therefore, the failure to define this key term may hinder enforcement of the law.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of "public place" in accordance with the definition provided by 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)
Workplace
The Law on Tobacco Control does not contain a definition of "workplace." The law does not use the term "workplace" because it prohibits smoking in specified places. The failure to define and use this term may hinder implementation of the goals and obligations of FCTC Art. 8.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor workplaces and contain a definition of "workplace" in accordance with the definition provided by 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
The Law on Tobacco Control does not contain a definition of "public transport." The law prohibits smoking on public transport and, therefore, the failure to define this key term may hinder enforcement of this provision.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of "public transport" in accordance with the definition provided by 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
Indoors shall mean any location enclosed by a roof, whether it has walls or not, or whether or not such walls are permanent or temporary.
The definition of "indoors" contained in the law aligns with the definition of "indoors" provided by 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
Tobacco product means sliced tobacco, cigarettes, cigars and other forms of tobacco entirely or partly made of tobacco leaves as raw materials.
Tobacco means a product prepared from a kind of seasonal plant containing nicotine which is toxic and addictive.
The Law on Tobacco Control contains definitions of "tobacco product" and "tobacco" that, taken together, align with the definition of "tobacco product" contained in 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))
