Last updated: September 30, 2022
Second Hand Smoke (or similar term)
The law does not contain a definition of "second hand smoke." However, a definition of this term is not strictly necessary as the law states that "no person shall smoke" in a smoke free zone, 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” shall include any means of producing tobacco smoke or vapor from a tobacco product, or possession of tobacco products while such smoke or vapor is being produced.
The definition of "smoking" contained in the Tobacco Products Control Act of 2017 aligns with the definition of "smoking" provided in the FCTC Art. 8 Guidelines, as it encompasses the concept of being in possession of a lit tobacco product.
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” shall mean a site that the general public has the right to enter, without regard to whether or not such entry is by invitation or by paying any price of admission.
The definition of "public place" contained in the Tobacco Products Control Act of 2017 aligns with the definition provided in the FCTC Art. 8 Guidelines. To align more fully, the definition in the law should make clear that the definition applies to permanent and temporary areas.
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” shall mean a location belonging to the government, a state agency, a state enterprise, a private enterprise, or any other place where persons perform work, as further defined in rules set out by the Minister upon the recommendation of the Board.
The definition of "workplace" partially aligns with the definition provided in the FCTC Art. 8 Guidelines in that it encompasses places "where person perform work." However, to more fully align with the Guidelines definition, the definition should make clear that it encompasses: 1) common areas frequented during the course of employment, 2) place used for paid and voluntary work, and 3) temporary as well as permanent places.
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)
“Passenger vehicle” shall mean a public motor vehicle or other motor vehicle that is used to transport persons.
The definition of "passenger vehicle" contained in the Tobacco Products Control Act of 2017 aligns with and is broader than the definition provided in the FCTC Art. 8 Guidelines in that it applies to "public" vehicles as well as "other" vehicles, such as private motor vehicles.
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 law does not contain a definition of "indoor" or "enclosed." The lack of definition for this key term could hinder implementation of the FCTC Art. 8 requirement to adopt and implement effective measures providing for protection from exposure to tobacco smoke in indoor public places and indoor workplaces.
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” shall mean products derived from the tobacco leaf, or from [other parts of] the plant nicotiana tabacum, and shall further include any product containing nicotine as an ingredient for consumption by smoking, sucking, sniffing, chewing, eating, burning, or snuffing into the mouth or nose, or by any other means to achieve the same purpose, but excluding items regulated by the drug laws.
The definition of "tobacco products" contained in the Tobacco Products Control Act of 2017 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))