Last updated: December 17, 2019
Second Hand Smoke (or similar term)
Passive smoke: the inhalation of tobacco smoke by non-smokers who are near smokers in the same place.
Passive smoking: the inhalation of second hand smoke by nonsmokers who are in close physical proximity to smokers.
This definition could be made stronger by defining it in accordance with the FCTC Art. 8 Guidelines to specify that second hand smoke is smoke that is emitted from the burning end of a cigarette or other tobacco product, in combination with smoke exhaled from the smoker. However, a definition of this term is not strictly necessary because the term is not used to apply the substantive provisions of the law or decree.
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
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 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: any place (whether enclosed, covered, or not) to which the public has free access, either subject to invitation or payment for admission, including stores, restaurants, bars, hotels cinemas, night flubs, stadiums, laboratories, educational institutions, health care institutions, or any other facility providing accommodation for minors.
Public place or receiving from the public: closed place which is open to the public or which constitutes a work place; or any enclosed place, covered or not, to which the public has access, either through free or paid access including stores, restaurants, bars, hotels, movie theaters, nightclubs, casinos, theatre venues laboratories, university campuses, faculty halls, schools, military establishments, childcare establishments or any other place of lodging for minors.
The definition of "public place" contained in the law 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: (1) public places may be permanent or temporary; (2) the law applied regardless of ownership of the premises; (3) the law defined “enclosed place” as a separate concept and term and (4) the definitions of “public place” in the law and decree were consistent with one another.
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: any place used by people during their work including: hallways, entryways, cafeterias, restrooms, recreation rooms and the other rooms used by the workers during their employment, even if no work is carried out in these surfaces.
These places are extended to closed vehicles used during work, including taxis, ambulances and delivery vehicles.
The definition of "workplace" in the decree aligns with the definition of "workplace" in the FCTC Art. 8 Guidelines. However, the definition would be clearer if it specified that "workplace" includes all common areas frequented during the course of employment, whether permanent or temporary, and encompasses places where work is performed 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 transport: any means of transportation for people, including elevators to which they have access, whether free of charge or through payment.
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
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 the FCTC Art. 8 Guidelines para. 19.
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 products: all products intended to be smoked, sniffed, sucked or chewed, as long as they are at least partially composed of tobacco.
The definition of "tobacco products" contained in the law aligns 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))