QuestionsQuestions (DTI INTER-AGENCY COMMITTEE- TOBACCO MEMORANDUM CIRCULAR NO. 1)
It is the implementing rules and regulations of Republic Act No. 9211 (Tobacco Regulation Act of 2003), promulgated pursuant to Section 37 of RA 9211. Its purpose is to regulate the use, sale, and advertisements of tobacco products to promote a healthful environment while safeguarding the interests of tobacco industry stakeholders.
They apply to all types of tobacco products placed into commerce in the Philippines, whether locally manufactured or imported.
“Advertisement” is any visual and/or audible message disseminated to the public about or on a particular product that promotes and gives publicity, and for these Rules it is understood as tobacco advertisement. “Advertising” refers to the business of conceptualizing, presenting, making available and communicating information to the public through mass media, and for these Rules it is understood as tobacco advertising promoting smoking or tobacco use and associated branding.
Smoking is absolutely prohibited in: (1) centers of youth activity (schools, colleges, playgrounds, etc. for those under 18), (2) elevators and stairwells, (3) locations with fire hazards (e.g., gas stations and flammable storage areas), (4) within buildings and premises of hospitals and health clinics, (5) public conveyances and public facilities except separate smoking areas, and (6) food preparation areas (where food/beverages are manufactured or prepared).
The absolute ban does not apply in inter-island vessels if smoking areas have been designated, and those designated areas must conform to the specifications under the Rules.
In all enclosed places open to the general public, public and private workplaces, and other places not covered by Section 1 of the same Rule—where smoking may expose non-smokers to tobacco smoke—the owners/proprietors/operators/administrators must establish smoking and non-smoking areas.
For non-open spaces, it must be completely enclosed or physically separated from smoke-free areas and equipped with adequate ventilation consistent with PD 1096 (National Building Code) and the Philippine Society of Mechanical Engineers Code. Separation must be by continuous floor-to-ceiling/floor-to-floor solid partitions (with doors and closers that stay closed except entry/exit) or by other means that still comply with air quality standards attached as Schedule A.
Designated smoking areas must have at least one legible, visible sign “SMOKING AREA” at the entrance, with a health warning about direct and secondary exposure, and without any tobacco brand-related mark/device/word/image. Non-smoking areas must post “NON-SMOKING AREA” or “NO SMOKING.” Sign specifications are per Schedule B.
No. Sale/distribution by vending machines or self-service facilities is prohibited unless the device has a mechanism for age verification.
They must post: “SALE/DISTRIBUTION TO OR PURCHASE BY MINORS OF TOBACCO PRODUCTS IS UNLAWFUL” or “IT IS UNLAWFUL FOR TOBACCO PRODUCTS TO BE SOLD/DISTRIBUTED TO OR PURCHASED BY PERSONS UNDER 18 YEARS OF AGE.”
It is unlawful to: (1) sell or distribute to any minor, (2) allow purchase by a minor from them, (3) allow minors to sell or buy tobacco products, and (4) allow minors to smoke tobacco products.
No. Under Title III, Rule II, Section 2, ignorance of the real age of the minor is not a defense, including lack of knowledge that the cigarettes/tobacco were for a minor.
Sale/distribution is prohibited within 100 meters from any point of the perimeter of a school, public playground, or other facility frequented particularly by minors.
Effective Jan. 1, 2004, packages must carry rotating or separately/simultaneously printed government health warnings in English or Filipino among four specified variants. From effectivity until June 30, 2006 the warning is on a side panel occupying at least 50% of that side panel; from July 1, 2006 it must be on the bottom portion of one front panel occupying at least 30% of that front panel (with layout/font requirements), with total warning frame area not less than 50% of the warning frame.
“NO SALE TO MINORS” or “NOT FOR SALE TO MINORS” on one side panel, occupying at least 10% of the side panel in contrast with other print.
Advertisements must not be aimed at or particularly appeal to persons under 18; they cannot feature or endorse by a celebrity; they cannot use cartoon characters with comically exaggerated features; persons depicted must appear above 25; and advertisements cannot show/present scenes of actual use such as lighting, puffing, carrying lighted cigarettes or other tobacco use.
Beginning Jan. 1, 2007, all tobacco advertising on television, cable television and radio is prohibited (including sponsored segments). Beginning July 1, 2007, all cinema and outdoor advertising is prohibited (with limited exceptions inside point-of-sale premises). Beginning July 1, 2008, all forms of tobacco advertising in mass media are prohibited except advertisements placed inside the premises of point-of-sale retail establishments.