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Section 25.
Restrictions on Sponsorships. Beginning 1 July 2006:
a. No sponsorship shall be provided for:
1) an event or activity which bears a tobacco product brand name,
unless there is reasonable basis to believe that all persons who
compete, or otherwise taken an active part, in the sponsored events
or activities, are person eighteen (18) years of age or older;
2) a team or individual bearing a tobacco product name, unless all
persons under eighteen (18) years of age or older;
3) a sponsored event or activity reasonably believed to be
particular appear to persons under eighteen (18) years old.
b. Tobacco brand sponsorship shall be prohibited except where there
is a reasonable basis to believe that:
1) attendance at the sponsored event or activity will comprise no
less than seventy-five percent (75%) persons at least eighteen years
of age or older;
2) the sponsored event or activity will not be of particular appeal
to persons under eighteen (18) years old;
3) the sponsored event or activity will not receive exposure, other
than as a news item, on television or radio or the Internet, unless
such exposure complies with the provisions of this Act governing
tobacco marketing through those media; and
4) the principal activity associated with the sponsorship does not
require above-average physical fitness for someone of the age group
of those taking part.
c. All persons authorized to bear tobacco product advertisement,
logos and brand names at sponsored events shall be at least eighteen
(18) years old.
d. All forms of advertising associated with or ancillary to
sponsorship shall comply with the marketing provisions of this Act.
Section 26.
Ban on Sponsorships. - Beginning 1 July 2008, cigarette
and tobacco companies are hereby prohibited from sponsoring any
sport, concert, cultural art or event, as well as individual and
team athletes, artists, or performers where such sponsorship shall
required or involve the advertisement or promotion of any cigarette
or tobacco company, tobacco product or tobacco use, name, logo or
trademarks and other words, symbols, designs, colors or other
depictions commonly associated with or likely to identify a tobacco
product; Provided further, That no manufacturer may register a
tobacco brand name as a company name after the passage of this Act.
Section 27.
Restriction on Sampling. - The distribution of samples
of tobacco products to persons below eighteen (18) years old is
prohibited.
Section 28.
Legal Action. - Any legal action in connection with the
tobacco industry shall be governed by the provisions of the
Philippine Civil Code and other applicable laws.
IMPLEMENTING AGENCY AND APPLICATION
Section 29.
Implementing Agency. - An Inter-Agency Committee-
Tobacco (IAC-Tobacco), which shall have the exclusive power and
function to administer and implement the provisions of this Act, is
hereby created. The IAC-Tobacco shall be chaired by the Secretary of
the Department of Trade and Industry (DTI) with the Secretary of the
Department of Health (DOH) as Vice Chairperson. The IAC-Tobacco
shall have the following members:
a. Secretary of the Department of Agriculture
(DA);
b. Secretary of the Department of Justice (DOJ);
c. Secretary of the Department of Environment and Natural
Resources
(DENR);
d. Secretary of the Department of Science and Technology (DOST)
e. Secretary of the Department of Education
(DepEd);
f. Administrator of the National Tobacco Administration
(NTA);
g. A representative from the Tobacco Industry to be nominated by the
legitimate and recognized associations of the industry; and
h. A representative from a non-government organization
(NGO)
involved in public health promotion nominated by
DOH in consultation
with the concerned NGO's;
The Department Secretaries may designate their Undersecretaries as
their authorized representatives to the
IAC.
Section 30.
Application to Tobacco Products - This provision of this
Act shall apply to all tobacco products placed into commerce in the
Philippines. Except as provided below, no provision of this Act
shall apply to tobacco products intended or offered by the
manufacturer for export and not for (retail) sale in the
Philippines. Tobacco products intended or offered for export shall
be subject only to the requirement that the shipping container shall
be prominently marked on the outside "Export Only": Provided, that
tobacco products which are marked for export, but are sold/traded or
distributed in the Philippine market, shall be subject to immediate
confiscation and destruction.
Section 31.
Compliance Monitoring - Not later than one (1) year
after the date of the effectivity of this Act, and annually
thereafter, the IAC-Tobacco shall submit to the President of the
Philippines and to both Houses of Congress a Compliance Monitoring
Report on the compliance of the manufacturers on all applicable laws
and ordinances with respect to the manufacture and distribution of
tobacco products.
The report shall contain pertinent information on the methods, goals
and implementation program of said manufacturers with respect to the
requirements of this Act.
Section 32.
Penalties
- The following penalties shall apply:
a. Violation of Sections 5 and 6. - On the first offense, a fine of
not less than Five Hundred Pesos (Php500.00) but not more than One
Thousand (Php1,000.00)
shall be imposed.
On the second offense, a fine of not less than One Thousand Pesos
(Php1,000.00) but not more than Five Thousand Pesos
(Php5,000.00)
shall be imposed.
On the third offense, in addition to a fine of not less than Five
Thousand Pesos (P5,000.00) but not more than Ten Thousand pesos
(Php10,000.00), the business permits and licenses to operate shall
be cancelled or revoked.
b. Violation of Sections 7,8,9, 10 and 11 - On the first offense,
any person or any business entity or establishment selling to,
distributing or purchasing a cigarette or any other tobacco products
for a minor shall be fined the amount of not less than Five Thousand
Pesos (Php5,000.00) or an imprisonment of not more than thirty (30)
days, upon the discretion of the business licenses or permits in the
case of a business entity or establishment.
If the violation is by establishment of business entity, the owner,
president, manager, or the most senior officers thereof shall be
liable for the offense.
If a minor is caught selling, buying or smoking cigarettes or any
other tobacco products, the provisions of Article 189 of
Presidential Decree No. 603 otherwise known as The Child and Youth
Welfare Code, as amended, shall apply.
c. Violation of Section 13 to 27 - On the first offense, a fine of
not more than One Hundred thousand pesos (Php100,000.00) or
imprisonment of not more than one (1) year, or both, at the
discretion of the court shall be imposed.1ªwphï|.ñêt On the second
offense, a fine of Two hundred thousand pesos (Php200,000.00) or
imprisonment of not more than two (2) years, or both, at the
discretion of the court shall be imposed.
On the third offense, in addition to a fine of not more than Four
Hundred thousand pesos (Php400,000.00) or imprisonment of not more
than three (3) years, or both at the discretion of the court, the
business permits and licenses, in the case of a business entity or
establishment shall be revoked or cancelled.
In the case of a business entity or establishment, the owner,
president, manager or officials thereof shall be liable.
If the guilty officer is an alien, he shall summarily be deported
after serving his sentence and shall be forever barred from
re-entering from the Philippines.
PROGRAMS AND PROJECTS
Section 33.
Programs and Projects - For a period not exceeding five
(5) years, the National Government and the concerned departments and
agencies shall provide the following programs and projects:
a. Tobacco Grower's Assistance Program - This program shall be
utilized to support financially the tobacco farmers who may be
displaced due to the implementation of this Act has voluntarily
ceased to produce tobacco. To avail of this program, a beneficiary
shall present convincing and substantial evidence that:
1. He or she has been a tobacco farmer for the last three (3) years
prior to January 1, 2004;
CONTINUE
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