Last updated: May 26, 2022
Key Terms
Second Hand Smoke (or similar term)
Although the term “second hand smoke” is not defined, a definition is not necessary for interpretation of the law.
The law's smoke free measures provide that "no person shall smoke" in specified places, rather than prohibiting "second hand smoke."
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
“Smoking” means the lighting of tobacco or its derivatives, whether separately or with any other additives as nicotine, with a view to inhaling and exhaling the smoke emitted therefrom.
The law contains a definition of "smoking" that aligns 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
“Public place” means a place allocated for the reception of the public or a certain class of people for any purpose.
The definition of "public place" aligns with the FCTC Art. 8 Guidelines definition of "public place." However, the definition may be limiting in that it does not clearly specify that public access to a public place should not be conditioned on ownership or right of access.
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 does not contain a definition of "workplace." A definition of "workplace" should be provided in accordance with the definition supplied by 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
“Public transportation” means transportation used by the public, such as taxis, buses, planes, trains, ships, boats and any other means allocated for transporting passengers. Means of transportation allocated for ministries, other governmental bodies, public authorities and institutions, and special entities are treated as public transportation.
The law contains a definition of "public transportation" that 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
“Indoor public place” means every public place that has a fixed or moving space, has sides or walls, and wholly or partially roofed.
The definition of "indoor public place" in the law does not align with the definition contained in the FCTC Art. 8 Guidelines. Under the law, a place is “indoor” if it has a roof, walls, or sides (plural). In contrast, the definition of "enclosed" in the FCTC Art. 8 Guidelines defines "enclosed" as having a roof or one or more walls.
Therefore, some places would be considered enclosed under the FCTC Guidelines definition but not under the definition in the law. To align with the FCTC Art. 8 Guidelines, the law should contain a definition of "enclosed" or "indoor" in accordance with the definition 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” means plants of all kinds, species, and parts of roots, stalks, leaves, fruits and fresh or dried seeds.
“Tobacco derivatives” means whole, chopped or minced tobacco leaves, combined with other materials, and formed in any form; or any other compound that includes tobacco as a component.
The definitions of “tobacco” and “tobacco derivatives” contained in the law align with the definition of “tobacco product” provided in FCTC Art. 1(f) in that they encompass all products made entirely or partly of tobacco.
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))
