Last updated: September 27, 2022
Second Hand Smoke (or similar term)
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 “second hand smoke” or “tobacco smoke” , this may impair the ability of the law to fulfill FCTC Art. 8 requirements.
A definition of “second hand smoke” or similar terms should be provided in accordance with the definition 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
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)
The law and Executive Order (E.O.) do not define “public place.” Instead, E.O. Art. 8 provides an extensive, though not exhaustive, list of public places where smoking is prohibited. This approach could lead to enforcement problems if a type of place was unintentionally left the list.
To ensure that the smoking ban is enforced in all indoor public places, a definition of “public place” should be provided in accordance with the FCTC Art. 8 Guidelines 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)
Enclosed work environment: area in which no natural ventilation exists and where one or more workers perform production activities involving the exposure to chemical, physical, biological, sanitary and psychosocial risks.
This definition does not align with the definition provided in the FCTC Art. 8 Guidelines. It is more limiting and less protective than the FCTC Art. 8 Guidelines definition because it only applies to workplaces where there is exposure to risk. For example, it does not cover office workplaces. Nonetheless, the effect of the ban is complete because offices and other places are covered under the ban in another section of the law.
To ensure enforcement of the smoking prohibition in all indoor 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)
Although smoking is prohibited in government owned transportation, "public transport" is not defined and this could lead to confusion.
To ensure that the smoking ban is enforced in all public transport, a definition of “public transport” or similar terms should be provided in accordance 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 or Executive Order (E.O.). However, instead the E.O. defines “natural ventilation,” which encompasses open air spaces. (See definition of “natural ventilation.”)
The law does not provide a definition of “indoor” or “enclosed” in accordance with the definition provided in the FCTC Art. 8 Guidelines. However, given the definition of “natural ventilation,” the law accomplishes the same end and effectively prohibits smoking in indoor or enclosed places, i.e., places without natural ventilation.
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: product prepared totally or partially by using tobacco leaves as raw material and which is designed to be smoked, sucked, chewed or used as snuff.
The definition of “tobacco product” aligns with the FCTC 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))
Natural ventilation: that which occurs when a flow of air is produced from the outside towards an interior structure which causes a natural renewal of the interior air without the participation of mechanical means. The same thing occurs when given one of the following conditions:
a. Natural open air spaces.
b. Unwalled, roofed spaces with an architectural design that allows the flow of air and its respective renewal through the upper portion without the use of mechanical means of ventilation.
c. Spaces with at least 3 open sides and roofed at a height that facilitates the natural renewal of air and guarantees its cross-ventilation.
The definition of “natural ventilation” is significant because smoking is prohibited in all “enclosed workplaces” and “enclosed public access places” without natural ventilation.
Common areas: areas of land on which are found constructed building(s); the goods necessary for the existence, safety, health, preservation, appearance and functioning of the building; which allow everyone the use and enjoyment of the facilities.
The definition of “common areas” is significant because smoking is prohibited in common areas of public and private buildings of commercial and domestic use.