Philippine Republic Act No.9211

o."Retailer" - refers to any person who or entity that sells tobacco products to individuals for personal consumption;

p."Smoking" - refers to the act of carrying a lighted cigarette or other tobacco products, whether or not it is being inhale or smoked;

q. "Sponsorship" - refers to any public or private contribution to a third party in relation to an event, team or activity made with the aim of promoting a brand of tobacco product, which event, team or activity would still exist or occur without such contribution. For the purpose of this Act, sponsorship shall be understood as tobacco sponsorship;

r. "Tobacco" - refers to agricultural components derived from the tobacco plant, which are processed for use in the manufacturing of cigarettes and other tobacco products;

s. "obacco Products" - refers to any product that consists of loose tobacco that contains nicotine and is intended for use in a cigarette, including any product containing tobacco and intended smoking or oral or nasal use. Unless stated otherwise, the requirements of this Act pertaining to cigarettes shall apply to other tobacco products;

t. "Tobacco Grower" - refers to any person who plants tobacco before the enactment of this Act and classified as such by the national Tobacco Administration (NTA); and

u. "Warning" - refers to the notice printed on the tobacco product or its container and/or displayed in print or alert in broadcast or electronic media including outdoor advertising and which shall bear information on the hazard of tobacco use;

HEALTHFUL ENVIRONMENT

Section 5. Smoking in Public Places - Smoking shall be absolutely prohibited in the following public places:

a. Centers of youth activity such as playschools, preparatory schools, elementary schools, high schools, colleges and universities, youth hostels, and recreational facilities for persons under eighteen (18) years old;

b. Elevator and stairwells;

c. Location in which fire hazards are present, including gas stations and storage areas for flammable liquids, gas, explosives or combustible materials;

d. Within the buildings and premises of public and private hospitals. Medical, dental, and optical clinics, health centers, nursing homes, dispensaries and laboratories;

e. Public conveyance and public facilities including airport and ship terminals and train and bus stations, restaurant and conference halls, except for separate smoking areas; and

f. Food preparation areas.

Section 6. Designated Smoking And Non-Smoking Areas - In all enclosed places that are open to the general public, private workplaces, and other places not covered under the preceding section, where smoking may expose a person to the other than the smoker to tobacco smoke, the owner, proprietor, possessor, manager or administrator of such places shall establish smoking areas. Such areas may include a designated smoking area within the building, which may be in an open space or separate area with proper ventilation, but shall not be located within the same room that has been designated as a non-smoking area.

All designated smoking areas shall at least one (1) legible and visible sign posted, namely "SMOKING AREA" for the Information and guidance of all concerned. In addition, the sign or not posted shall include a warning about the health effects of direct or secondhand exposure to tobacco smoke. Non-smoking areas shall likewise have at least one (1) legible and visible sign, namely: "NO SMOKING AREA" or "NO SMOKING".

ACCES RESTRICTIONS

Section 7. Vending Machines, Self-Service Facilities - unless the vending machine has a mechanism for age verification, the sale or distribution of tobacco products to minors by means of a vending machine or any self-service facility or similar contraption or device is prohibited, except at point-of-sale establishments.

Section 8. Retailer Compliance With Respect To Self-Service Facilities. - Each retailer shall ensure that all tobacco-related self-service displays or facilities, advertising, labeling and other items that are located in the establishment of the retailer and that do not comply with the requirements of this Act are removed or are brought into compliance with the requirements of this Act.

Section 9. Minimum Age Sales - Under this Act, It shall be unlawful:

a. For any retailer or tobacco products to sell or distribute tobacco products to any minor;

b. For any person to purchase cigarettes or tobacco products from a minor;

c. For a minor to sell or buy cigarettes or any tobacco products; and

d. For a minor to smoke cigarettes or any other tobacco products.

It shall not be a defense for the person selling or distributing that he/she did not know or was aware of the real age of the minor. Neither shall it be a defense that he/she did not know nor had any reason to believe that the cigarette or any other tobacco product was for the consumption of the minor to whom it was sold.

Section 10. Sale of Tobacco Products Within School Perimeters - The sale or distribution of tobacco products is prohibited within one hundred (100) meters from any point of the perimeter of a school, public playground or other facility frequented particularly by minors.

Section 11. Sinage - Point-of-Sale establishments offering, distributing or selling tobacco products to consumers, shall post the following statement in a clear and conspicuous manner: "SALE/DISTRIBUTION TO OUR 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".

Section 12. Proof Of Age Verification - In case of doubt as to the age of the buyer, retailers shall verify, by means of any valid from of photographic identification containing the date of birth of the bearer, that no individual purchasing a tobacco is below eighteen (18) years of age.

ADVERTISING AND PROMOTIONS

Section 13. Warning On Cigarette Packages - Under this Act:

a. All packages in which tobacco products are provided to consumers withdrawn from the manufacturing facility of all manufacturers or imported into the Philippines intended for sale to the market, starting 1 January 2004, shall be printed, in either English or Filipino, on a rotating basis o separately and simultaneously, the following health warnings:

"GOVERNMENT WARNING; Cigarette are Addictive"

"GOVERNMENT WARNING; Tobacco Can harm your Children" or

"GOVERNMENT WARNING; Smoking Kills."

b. Upon effectivity of this Act until 30June 2006, the health warning shall be located on one side panel of every tobacco product package and occupy not less than fifty percent (50%) of such side panel including any border of frame.

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