Last updated: July 26, 2020

Key Terms

Second Hand Smoke (or similar term)

Term Not Defined
Analysis

A definition of “second hand smoke” may contribute to facilitate the enforcement of the legislation.

It is therefore recommended to use a definition supplied by FCTC Art. 8 Guidelines para. 15

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 Not Defined
Analysis

Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law. For example, if it is not clear what is considered “smoking” or “smoke,” this may impair the ability of the law to fulfill FCTC Art. 8 requirements. A definition of “smoking” or “smoke” should be provided in accordance with the definition provided in 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

Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law. For example, if it is not clear what is considered “public” this may impair the ability of the law to fulfill FCTC Art. 8 requirements.

A definition of "public place" should be provided in accordance with the definition supplied by 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

Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law. For example, if it is not clear what is considered “workplace”, this may impair the ability of the law to fulfill FCTC Art. 8 requirements. A definition of “workplace” should be provided in accordance with the definition provided in 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
Analysis

Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law. For example, if it is not clear what is considered “transport” or “public”, this may impair the ability of the law to fulfill FCTC Art. 8 requirements.

A definition of "public transport" should be provided in accordance with the definition supplied by 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

Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law. For example, if it is not clear what is considered “enclosed” or “indoor”, this may impair the ability of the law to fulfill FCTC Art. 8 requirements.

A definition of "indoor" or "enclosed” should be provided in accordance with the definition supplied by 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 products: products made entirely or partially of tobacco leas as its primary material, and intended to be smoked, sucked or chewed.

Analysis

The definition of “tobacco products” aligns with the definition contained 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))