Law Summary
Key Definitions in Tobacco Regulation
- Clear definitions are provided, including terms like "advertisement," "advertising," "cigarette," "minor," "point-of-sale," "promotion," "public places," "retailer," "smoking," and "tobacco product."
- Emphasis on inclusion of all tobacco products and related marketing tools.
Smoking Bans and Designated Areas
- Smoking is strictly prohibited in youth centers, medical facilities, public transport, and places with fire hazards.
- Venues not covered by the absolute ban must establish designated smoking and non-smoking areas with visible signage and health warnings.
Access Restrictions to Tobacco Products
- Sales to minors under 18 are prohibited; proof of age is required.
- Sales via vending or self-service machines forbidden unless age-verifying mechanisms exist.
- Tobacco sales banned within 100 meters of schools and playgrounds.
- Retailers must post warnings against sales to minors at points of sale.
Packaging and Advertising Restrictions
- Mandatory rotating government health warnings on tobacco packaging covering significant package area.
- Advertising must include health warnings and comply with restrictions on content appealing to minors.
- Specific bans on celebrity endorsements, cartoons, depiction of smoking acts.
- Time and location restrictions on radio, TV, cinema, print, outdoor, internet, and electronic media advertisements.
- Progressive phase-out of tobacco advertising culminating in a near total ban by 2008.
Limits on Tobacco Promotions and Sponsorships
- Promotions must be restricted to adults and include health warnings.
- Tobacco brand participation banned in sports and cultural sponsorships starting mid-2008 except company name attribution.
- No tobacco product sampling to minors.
Implementing Agency and Compliance
- Establishment of IAC-Tobacco, chaired by DTI Secretary with members from key government agencies plus industry and NGO representatives.
- Regular monitoring and reporting on compliance made mandatory.
- Export-marked tobacco products exempt except if sold domestically.
Penalties for Violations
- Incremental fines and possible business permit cancellation for smoking ban violations.
- Higher fines, imprisonment, and revocation of licenses for advertising, sales to minors, and other breaches.
- Liability extends to business owners and officers; foreigners subject to deportation after sentencing.
Support Programs for Affected Stakeholders
- Financial and cooperative support programs for displaced tobacco farmers.
- National smoking cessation initiatives and research programs.
- Assistance programs for displaced tobacco industry workers.
- Establishment of smoking withdrawal clinics with insurance support.
- Educational programs integrated into school curricula promoting awareness of tobacco hazards.
Congressional Oversight and Implementation
- Creation of a Congressional Oversight Committee on Tobacco to monitor implementation for up to three years.
- IAC-Tobacco tasked with issuing implementing rules within six months.
- Appropriations required for enforcement charged to national agency budgets.
Repeal and Effectivity
- Repeals inconsistent administrative orders and amendments to consumer laws.
- Separability clause ensures unaffected provisions remain valid if parts are ruled unconstitutional.
- Law takes effect 15 days after official publication in the Official Gazette and national newspapers.