Law Summary
Health and Social Rationale
- Recognizes the proven health risks of tobacco consumption and exposure to tobacco smoke.
- Emphasizes the precedence of public health over commercial interests.
- Addresses the growing incidence of tobacco-related diseases among Filipinos.
Scope of Application
- Applies to all persons within the territorial jurisdiction of the Philippines regardless of residency.
- Covers all public and enclosed places, including public conveyances.
Definitions
- Provides clear definitions of key terms including: Advertising and Promotion, Designated Smoking Area (DSA), Enclosed Spaces, Minor (under 18 years), Non-Smoking Buffer Zone, Open Spaces, Person-in-Charge, Point-of-Sale, Public Conveyances, Public Places, Smoke-Free, Smoking, Tobacco Products, and Workplace.
Prohibited Acts
- Smoking inside enclosed public places and conveyances, except in compliant DSAs.
- Persons-in-charge must not allow or tolerate smoking outside DSAs.
- Sale, distribution, and purchase of tobacco products involving minors are strictly forbidden.
- Prohibits marketing and promotion of tobacco products near schools, playgrounds, youth facilities, and other areas frequented by minors.
Standards for Designated Smoking Areas (DSAs)
- DSAs must have controlled access with proper ventilation and separate from smoke-free areas.
- DSAs cannot be within 10 meters of entrances, exits, or areas of congregation.
- DSAs and Buffer Zones together must not exceed 20% of the total floor area and must be at least 10 square meters.
- Only one DSA per building or conveyance is allowed.
- Minors are prohibited from DSAs and Buffer Zones.
- Required prominent signage including health warnings and age restrictions.
- DSAs are banned in centers of youth activity, elevators, fire hazard locations, healthcare facilities, and food preparation areas.
Duties and Obligations of Persons-in-Charge
- Must post "No Smoking" and DSA signages prominently with specific size and content requirements.
- Remove ashtrays from smoke-free areas.
- Report violations and tobacco sales or promotions near minors’ facilities to authorities.
- Raise employee awareness and establish enforcement procedures.
- Provide signage in local dialects or English.
Liability
- Individuals violating prohibited acts are subject to penalties.
- Persons-in-charge who allow violations or fail in their duties are also liable.
Penalties
- Sanctions prescribed under Section 32 of Republic Act No. 9211 and other applicable laws.
Smoking Cessation Programs
- Encourages Local Government Units (LGUs) to develop and promote cessation programs.
- Coordination with the Department of Health is mandated.
- Violators and smokers wishing to quit may be referred to these programs.
Smoke-Free Task Force
- LGUs are urged to establish local task forces for enforcement and compliance monitoring.
- Directive for Philippine National Police and Task Forces to apprehend violators observing due process.
Funding
- Department of Budget and Management to identify funding requirements.
- Future funding integrated through regular government budget processes.
Separability Clause
- Invalidity of any provision does not affect the enforceability of other provisions.
Repealing Clause
- Previous inconsistent orders and regulations are repealed or modified accordingly.
Effectivity
- The Order becomes effective 60 days after publication in a newspaper of general circulation.