Republic-act-no-9211.docx

REPUBLIC ACT NO. 9211 AN ACT REGULATING THE PACKAGING, USE, SALE DISTRIBUTION AND ADVERTISEMENTS OF TOBACCO PRODUCTS AND FOR OTHER PURPOSES

 Prohibited except at point-of-sale establishments

TITLE: “ Tobacco regulation act of 2003”

 MINIMUM AGE SALES  it is unlawful to sell or distribute to minors, purchase from a minor, for a minor to sell or distribute and for a minor to smoke cigarettes or any tobacco smoke.

       

PURPOSE: Promote healthful environment Inform on health risks Regulation of all tobacco advertisements and sponsorships Regulation of labelling Prohibition of sale to minors Cultivation of alternative crops Creation of inter-agency committee on tobacco

                   

DEFINITION OF TERMS Advertisement, advertising, advertiser Cigarette Distributor Mass media Minor Manufacturer Package Persons Point-of-sale Promotions Public conveyance Public places Retailer Smoking Sponsorship Tobacco Tobacco products Tobacco grower Warning

HEALTHFUL ENVIRONMENT  PLACES WHERE SMOKING IS ABSOLUTELY PROHIBITED:  centers for youth activity, elevator and stairwells, location with fire hazards, within buildings and premises of public and private institutions, public conveyance and public utilities, food preparation areas.  DESIGNATED SMOKING AND NON-SMOKING AREAS  Separate smoking area- proper ventilation in open spaces, different room from non-smokers.  “SMOKING AREA” + warning on health effects of direct or second hand exposure, “NO SMOKING”, “NO SMOKING AREA” ACCESS RESTRICTIONS  VENDING MACHINE AND SELF-SERVICE FACILITIES

 RETAILER COMPLIANCE WITH RESPECT TO SELFSERVICE FACILITIES

 SALE OF TOBACCO PRODUCTS WITHIN SCHOOL PERIMETERS  within 100 m  SIGNAGE BY POINT-OF-SALE ESTABLISHMENTS  “SALE OR DISTRIBUTION TO OR PURCHASE BY MINORS OF TOBACCO PRODUCTS IS UNLAWFUL” or “IT IS LAWFUL FOR TOBACCO PRODUCTS TO BE SOLD/DISTRIBUTED TO OR PURCHASED BY PERSONS UNDER 18 YEARS OF AGE”  PROOF OF AGE VERIFICATION ADVERTISING AND PROMOTIONS  WARNING ON CIGARETTE PACKAGES  “GOVERNMENT WARNING: Cigarettes are addictive”, “GOVERNMENT WARNING: Tobacco can harm your children” or GOVERNMENT WARNING: Smoking kills”  Rotated periodically  Should not be obscured or obliterated  “NO SALE TO MINORS”, “NOT FOR SALE TO MINORS”  No other printed warnings  WARNING ON ADVERTISING  “GOVERNMENT WARNING: Cigarette smoking is dangerous to your health”  For print and outdoor advertisements, warning is centered at the bottom and occupy not less than 15%  For television and cinema advertisements, warning is shown and voiced over in the last 5 seconds and the health warning occupy not less than 50% of television screen  RESTRICTIONS ON ADVERTISING  not for minors  not feature a celebrity  not contain cartoon characters or subjects that depict humans or animals  not show, portay or depict actual use of such products  RESTRICTIONS ON PRINT MEDIA ADVERTISING  not be placed on printed publication unless with reasonable basis- 75% are 18 yrs and above, 10% less than 18 yrs  not to be placed on a magazine, newspaper, journal or other publications  RESTRICTIONS ON OUTDOOR ADVERTISING

 Not be placed on billboards, wall murals, transport stops or station  Not exceed 70 square meters in total size  Not placed on taxis, buses, or trains or other public conveyance or in stations, terminals or platforms except point-of-sale establishments  RESTRICTIONS ON ADVERTISING IN CINEMAS  RESTRICTIONS ON TELEVISION  Between 7 am and 7 pm  RESTRICTION ON ADVERTISING IN AUDIO  RESTRICTIONS ON ADVERTISING IN AUDIO, VIDEO AND COMPUTER CASSETTES/DISCS AND SIMILAR MEDIUM  RESTRICTIONS ON ADVERTISING ON THE INTERNET AND SIMILAR MEDIUM  BAN ON ADVERTISEMENTS  RESTRICTIONS ON TOBACCO PROMOTIONS  Participants in promotion must be at least 18 years old and is required to provide proof of age.  The required health warning and the age of requirement for participation must be clearly marked on the program material distributed to consumers.  Must be limited only to point-of-sale of adult only facilities.  A recorded health warning message in English or Filipino must be included in all telephone communications, programs and events.  Must not be used as a prop/advertisement in any TV program, Motion Picture, Video or Video game machines.  If the name, logo or other indicia of cigarette brand that appears in smoking related items such as lighters and ashtrays is larger than fifty square meters, you must provide the required health warning.  Merchandise ( clothes, caps, glasses, bags etc.)containing the name, logo or other indicia of cigarette brand is not allowed to be distributed, sold or referred directly or indirectly.  Items used and marketed to minors must not contain tobacco promotions.  No tobacco advertisements must be placed on shopping bags.

 NAMING RIGHTS

 Any agreement between manufacturers and any sports league or any team involved in such league in which payment/considerations are made in exchange for use of tobacco product brand is not allowed.  Stadiums or Arena wherein a tobacco product brand name is used as its name is prohibited.

 RESTRICTIONS ON SPONSORSHIP (beginning on July 1, 2006)  No sponsorship shall be provided if participants in any sponsored events/activity which bears tobacco product name is under eighteen years old.  Sponsorship is allowed when participants is within the age requirement. It is also reasonable if the sponsored event does not require above-average physical fitness and will not receive any exposure other than news item. 75% of the attendees must also comprise of the required age group.  Only persons at least 18 years old are authorized to bear tobacco advertisement, logos and brand names at sponsored events.  Compliance with the marketing provisions is needed in all forms of advertisement.

 BAN ON SPONSORSHIPS (beginning July 1, 2008)  All types of sponsorships which involves advertisements and promotion of tobacco product and other related items is prohibited.  Tobacco brand name cannot be used as a company name.  RESTRICTION ON SAMPLING  Distribution of tobacco products below 18 years old is prohibited.

 LEGAL ACTION  Governed by the provisions of the Philippine Civil Code and other applicable laws.

 IMPLEMENTING AGENCY

 Inter-Agency Committee-Tobacco (IACTobacco) – Exclusive power and function to administer and implement this act.  CHAIRPESON: Secretary of the Department of Trade and Industry (DTI)  VICE CHAIRPERSON: Secretary of the Department of Health (DOH)  MEMBERS: Secretary of the:  Department of Agriculture (DA)  Department of Justice (DOJ)  Department of Environment and Natural Resources (DENR)  Department of Science and Technology (DOST)  Department of Education ( DepEd) Administrator of the National Tobacco Administration Representative of:  Tobacco Industry  Non-government organization involved in public health promotion  Undersecretaries may be designated as authorized representatives of the department secretaries.

 APPLICATION TO TOBACCO PRODUCTS  It is only applied to products sold in the Philippines. No provision of act is applied to tobacco products that are exported but the shipping container must have an “Export only” mark. Confiscation and destruction of tobacco products is done on items which are marked for export but is usually sold and distributed in the Philippines.

 COMPLIANCE MONITORING  A compliance monitoring must be submitted not later than 1 year after the date of effectivity of the act and annually thereafter to the President of the Philippines and House of Congress. It must contain information on the methods, goals and implementation program with respect to the requirements.

 PENALTIES  Violation of Sections 5 and 6

  

1) 1st offense: Fine of 500.00 – 1,000.00 2) 2nd offense: Fine of 1,000.00 – 5,000.00 3) 3rd offense: Fine of 5,000.00 – 10,000.00 and cancellation/revocation of bus.perrmits and license to operate  Violation of Sections 7,8,9,10 and 11 1) 1st offense: Fine of NLT 5,000.00 and imprisonment of NMT 30 days.  Violation of Sections 13-27 2) 1st offense: Fine of 100,000.00 and/or imprisonment of NMT 1 year 3) 2nd offense: Fine of 200,000.00 and/or imprisonment of NMT 2 years 4) 3rd offense: fine of 400,000.00 and/or imprisonment of NMT 3 years and cancellation/revocation of bus.permits and license to operate The owner/manager/most senior officer is liable if the violation is by establishment or business entity. If a minor is liable, the provisions of the child and youth and welfare code is applied. If an alien is liable, he/she is deported after serving the sentence and is forever banned from entering the Philippines.

 PROGRAMS AND PROJECTS  Tobacco Grower’s Assistance Program  National Smoking Cessation Program  Research and Development Program  National Tobacco-Free Public Education Program  Displaced Cigarette Factory Worker’s assistance Program  Health Programs  Withdrawal Clinics  INFORMATIVE DRIVE  Continuous information program on the harmful effects of smoking must be undertaken.  INSTRUCTIONS ON THE HAZARDOUS EFFECT OF SMOKING AS PART OF SCHOOL CURRICULA

 Includes health, environmental and economic implications of the ADE’s of smoking in the existing curricula of all public and private elementary and high school.  Publication and distribution of materials on the unhealthy effects of smoking.