Question & AnswerQ&A (Republic Act No. 9211)
Republic Act No. 9211 shall be known as the Tobacco Regulation Act of 2003.
The policy is to protect the public from hazardous tobacco products, promote health consciousness, safeguard the interests of tobacco industry workers and stakeholders, and regulate the use, sale, and advertisements of tobacco products for a balanced approach.
To promote a healthful environment, inform the public about health risks of tobacco, regulate and ban tobacco advertisements and sponsorships, regulate tobacco product labeling, protect minors from tobacco use, assist tobacco farmers with alternatives, and create an Inter-Agency Committee on Tobacco.
A 'minor' is defined as any person below eighteen (18) years old.
Smoking is absolutely prohibited in centers of youth activity, elevators and stairwells, fire hazard locations like gas stations, hospitals and medical places, public conveyances and facilities (except designated areas), and food preparation areas.
The owner must establish separate smoking and non-smoking areas with proper ventilation. Smoking areas must have visible 'SMOKING AREA' signs with health warnings; non-smoking areas must have 'NON-SMOKING AREA' or 'NO SMOKING' signs.
It is unlawful for retailers to sell tobacco products to minors; minors to buy, sell or smoke tobacco products; and persons to purchase tobacco products from minors. Verification of age via valid ID is required when in doubt.
Packages must contain one of four rotating government warnings (e.g. 'Cigarette Smoking is Dangerous to Your Health') occupying specified portions of the package and the statement 'NO SALE TO MINORS' or 'NOT FOR SALE TO MINORS' on one side panel.
Advertisements must not appeal to persons under 18, cannot feature celebrities or cartoons, cannot show actual tobacco use, and have specific warning requirements. From specified dates, various forms of advertising (TV, radio, cinema, outdoor) are banned or restricted, including the complete ban starting 2007/2008.
The Inter-Agency Committee on Tobacco (IAC-Tobacco), chaired by the Secretary of the Department of Trade and Industry with the Secretary of Health as Vice Chairperson, oversees implementation.
First offense: fine Php500-1,000; second offense: fine Php1,000-5,000; third offense: fine Php5,000-10,000 plus cancellation or revocation of business permits/licenses.
First offense: fine of at least Php5,000 or imprisonment up to 30 days or both; succeeding offenses: both penalties and revocation of business licenses; owners and officials held liable.
Programs include Tobacco Growers' Assistance Program, Tobacco Growers' Cooperative for alternative crops, National Smoking Cessation Program, Research and Development, National Tobacco-Free Education, and assistance for displaced cigarette factory workers.
From July 1, 2006, restrictions apply including sponsorship only of events for persons 18+, no sponsorship of youth-appealing events, and a complete ban on sponsorship by tobacco companies from July 1, 2008, with limited company name mention allowed.
Instruction about the hazardous effects of tobacco smoking must be integrated into public and private elementary and high school curricula, and information programs must be carried out by the DOH and DepEd.