Last updated: February 24, 2020

Key Terms

Second Hand Smoke (or similar term)

Term Defined
Gavel
Expand to view related litigation
Definition

“Tobacco smoke, second hand smoke” and “environmental tobacco smoke” means the smoke or other emissions released from a tobacco product or the smoke exhaled by a person smoking a tobacco product.

Analysis

The definition of “tobacco smoke”, “second hand smoke” and/or “environmental tobacco smoke” contained in the Tobacco Control Act aligns with the definition of “second hand smoke” provided in the FCTC Art. 8 Guidelines.

FCTC-Based Definition

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

Term Defined
Gavel
Expand to view related litigation
Definition

“Smoking” means possessing or controlling a lit or heated tobacco product regardless of whether the smoke is actively inhaled or exhaled.

Analysis

The definition of “smoking” contained in the Tobacco Control Act aligns with the definition of “smoking” or “smoke” provided in the FCTC Art. 8 Guidelines.

FCTC-Based Definition

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

Term Defined
Gavel
Expand to view related litigation
Definition

“Public place” includes an area, permanent or temporary, fixed or mobile, that is accessible to the general public or for collective use by the general public regardless of ownership or right of access.

Analysis

The definition of “public place” contained in the Tobacco Control Act aligns with the definition of “public place” provided in the FCTC Art. 8 Guidelines.

FCTC-Based 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)

Workplace

Term Defined
Gavel
Expand to view related litigation
Definition

“Workplace” means 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 a private office, a common area, and any other area which is generally used or frequented during the course of employment or work.

Analysis

The definition of “workplace” contained in the Tobacco Control Act aligns with the definition of workplace provided in the FCTC Art. 8 Guidelines.

FCTC-Based Definition

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

Term Defined
Gavel
Expand to view related litigation
Definition

“Public transport” means any means of transport used for the carriage of members of the public.

Analysis

The definition of “public transport” contained in the Tobacco Control Act aligns with the definition of “public transport” provided in the FCTC Art. 8 Guidelines.

FCTC-Based Definition

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

Term Defined
Gavel
Expand to view related litigation
Definition

“Enclosed or indoor” means 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, or whether the structure is permanent or temporary.

Analysis

The definition of “enclosed or indoor” contained in the Tobacco Control Act aligns with the definition of “indoor or enclosed” provided by the FCTC Art. 8 Guidelines.

FCTC-Based Definition

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

Term Defined
Gavel
Expand to view related litigation
Definition

“Tobacco product” means a product which is entirely or partly made of the leaf tobacco as a raw material which is manufactured to be used for smoking, sucking, chewing or snuffing or to be consumed by any other means.

Analysis

The definition of “tobacco product” contained in the Tobacco Control Act aligns with the definition of “tobacco product” provided in FCTC Art. 1(f).

FCTC-Based 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))