Comprehensive Tobacco Regulation Act

   


Date:    1997

Source:    Senate Bill 2383

Subject:    An Act Regulating the Labelling, Sale and Advertising of Cigarettes (and other tobacco products), Prohibiting Smoking in Public Conveyances and in Enclosed Public Places, Providing for Violations Thereof and for Other Purposes

Text:

Section 2.  Declaration of Policy. It is hereby declared the policy of the State to protect and promote the right to health of the people and instill health consciousness among them. Toward this end, it is the purpose of this Act to establish a comprehensive program to safeguard public health and ensure the physical well-being of smokers and non-smokers alike by discouraging cigarette smoking and tobacco use, whereby:

  1. Smokers shall be adequately informed of the health risks associated with cigarette smoking and tobacco use by the inclusion of a prominent warning on each package or container of cigarette or tobacco;

  2. The youth shall be protected from being initiated to cigarette smoking and tobacco use through the stringent regulation of the promotion and advertising of cigarette and any other tobacco product; the prohibition of cigarette and tobacco sales to persons under eighteen (18) years of age; a ban on cigarette smoking, tobacco use, sale and promotion in elementary and secondary schools; and inclusion in the curricula of all elementary and secondary schools a study on the health risks associated with cigarette smoking and tobacco use;

  3. The right of the general public to a cigarette and tobacco smoke-free environment shall be protected by a ban on smoking in public conveyances and enclosed public places; and

  4. Filipino tobacco farmers shall be assisted and encouraged to cultivate food crops and other agricultural products to prevent their economic dislocation arising from the worldwide decline in tobacco demand brought about by the increasing public consciousness about the hazards of smoking

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Section 5.  Advertising and Promotion.  Upon effectivity of this Act, promotions and advertisement of cigarettes or any other tobacco product in any medium of electronics or print communication shall be strictly regulated. Promotions and advertisements using electronics media such as television and cinema shall be required to prominently display the specified warning throughout the duration of the said advertisement: Provided, that cigarette advertisement aired over the radio shall devote twenty percent (20%) of their total air time to the airing of the warning: Provided, further, that the promotion and advertisement using print media shall include a warning occupying at least thirty percent (30%) of the total advertisement space.

For purpose of this Act, print communication includes, but is not limited to, newspapers, journals, serials, magazines, books, pamphlets, booklets, static signs, outdoor or indoor billboards and streamers, circulars, notices, bills, or letters. Electronics communication includes, but is not limited to, radio, television, video, moving picture, and cinema.

Section 6.  Education.  All elementary and secondary schools shall include as part of their health and science subjects the teaching on the health risks associated with cigarette smoking and tobacco use.

It shall be unlawful for any person to sell or offer to sell, distribute, smoke cigarettes or otherwise use any tobacco product within the premises of elementary and secondary schools.

All colleges and universities shall be encouraged to design and implement programs to promote consciousness in college students of the health risks associated with cigarette smoking and tobacco use.

The Secretary of Education, Culture and Sports and the Chairperson of the Commission on Higher Education (CHED), in coordination with the Secretary of Health, shall issue rules and regulations to effect the provisions of this Act, including administrative, non-penal sanctions for violations thereof.

Section 7.  Sale or Distribution to Minors.  It shall be unlawful for any person to sell or distribute, gratuitously or otherwise, to a minor any cigarette or any other tobacco product. It shall not be a defense for the person selling that he/she did not know or was not aware of the real age of the minor. Neither shall it be a defense for the seller that he/she did not know, nor had any reason to believe that the cigarette or any other tobacco product was for the consumption of the minor person to whom it was sold.

Section 8.  Smoking in Public Conveyances and Enclosed Public Places. Cigarette smoking in all public conveyances and enclosed public places is hereby prohibited. Smoking areas may be designated except in hospitals and medical clinics; Provided, that such smoking areas shall not be located within the same enclosed room which has been designated as a non-smoking area.

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Section 10.  Penalties.  Any person who violates any provision of this Act, other than those provided in Section 8 hereof, shall be punished by imprisonment of at least six (6) months but not exceeding six (6) years or a fine of at least Fifty Thousand Pesos (P50,000.00) but not more than One Hundred Thousand Pesos (P100,000.00), or both, at the discretion of the court. In addition, the license or permit of the offender to import, manufacture, sell, distribute, promote and/or advertise cigarettes and any other tobacco products may be revoked by the issuing office or agency.

If the offender is a corporation, firm, partnership or association, the above mentioned penalty shall be imposed upon its responsible office or officers; and, if the guilty officer is an alien, he shall be summarily deported after serving his sentence, and shall forever be barred from entering the Philippines again.

Any person who violates the provision of Section 8 of this Act shall be penalized with a fine of not less than Two Hundred Pesos (P200) but not more than Five Hundred Pesos (P500), or imprisonment of not less than three (3) days but not more than seven (7) days, or both such fine and imprisonment, at the discretion of the court. The same penalties shall be imposed upon the owner, operator or manager of the public conveyance or enclosed public place, his employee or agent or any law enforcement officer who knowingly allows smoking in the places herein mentioned, or for failing to post a "No Smoking" sign in a conspicuous place therein.

 

   
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