Last updated: March 6, 2020
Second Hand Smoke (or similar term)
The law does not contain a definition of “second hand smoke.” Although this term is not defined, a definition is not strictly necessary because the term is not used in the law. The law's smoke free measures provide that “it is prohibited . . . to smoke in” specified places, rather than, for example, “no person shall be exposed to second hand smoke” in specified places.
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: (a) Inhaling or exhaling or the use of tobacco and/or tobacco products which produces in some extent emissions; as well as (b) Possessing or administering burning tobacco and/or tobacco products, irrespectively whether the emitted smoke thereof actually actively is being inhaled or exhaled.
The definition of “smoking” aligns with but is broader than the definition provided in the FCTC Art. 8 Guidelines in that it applies to any tobacco product producing emissions to some extent and does not necessarily impose the criterion of being “lit,” as in the 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 accessible spaces: Generally, accessible spaces for the general public, or parts of it, whether or not using fees, irrespectively whether the space is owned publicly or privately.
The definition of “public accessible spaces” contained in the law aligns with the definition of “public place” contained in 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)
Workspaces: All spaces used by one or more persons during work, whether self-employed or employed, irrespectively of any payments are received.
The definition of “workspaces” aligns with the definition of “workplace” 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)
Public transportation: Vehicles and vessels taking care of public services or all other vehicles and vessels for the transportation of persons using payments or other.
The definition of “public transportation” 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
Space: Any area, room or premise covered with a roof or comparable structure or which is closed by means of one or more walls or sidewalls irrespectively the type of material used for the roof structure, walls or side walls and irrespectively whether the structure is permanent or temporarily.
The definition of “space” contained in the law aligns with the definition of “indoor” or “enclosed” contained in 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 and/or tobacco products: Products entirely or partly made of tobacco leaves as raw material and which are manufactured to be used for smoking, sucking, chewing or snuffing.
The definition of “tobacco and/or tobacco products” aligns with the definition provided 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))
Smoke free: All spaces where smoking is prohibited.
The definition of “smoke free” is relevant in establishing the scope of the duties placed on employers/owners.
Wall: All structures or particles, solid or mobile, which stop or considerably obstruct airflow.
The definition of “wall” is significant because the term is used in the definition of “space.”