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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 have 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 note 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".
ACCESS 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.
Signage - 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 or separately and simultaneously, the
following health warnings:
"GOVERNMENT WARNING:
Cigarette
Smoking is Dangerous to Your Health" ;
“GOVERNMENT WARNING:
Cigarettes are Addictive";
"GOVERNMENT WARNING:
Tobacco Can Harm Your Children"; or
"GOVERNMENT WARNING:
Smoking Kills."
b. Upon effectivity of this Act until 30 June 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.
c. Beginning 1 July 2006, the health warning shall be on the bottom
portion of one (1) front panel of every tobacco product package and
occupy not less than thirty percent (30%) of such panel including
any border or frame. The text of the warning shall appear in clearly
legible type in black text on a white background with a black border
and in contrasts by typography, layout or color to the other printer
materials on the package. The health warning shall occupy a total
area of not less than fifty percent (50%) of the total warning
frame.
d. The warning shall be rotated periodically, or separately and
simultaneously printed, so that within any twenty-four (24) month
period, the four (4) variations of the warnings shall appear with
proportionate frequency.
e. The warning shall not be hidden or obscured by other printed
information or images, or printed in a location where tax or fiscal
stamps are likely to be applied to the package or placed in a
location where it will be damaged when the package is opened. If the
warning to be printed on the package is likely to be obscured or
obliterated by a wrapper on the package, the warning must be printed
on both the wrapper and the package.
f. In addition to the health warning all packages of tobacco
products that are provided to consumers shall contain, on one side
panel the following statement in a clear, legible and conspicuous
manner;
"NO SALE TO MINORS" or "NOT FOR SALE TO MINORS." The
statement shall occupied an area of not less than ten percent (10%)
of such side panel and shall appear in contrast by color, typography
or layout with all the other printed material on the side panel.
g. No other printed warnings, except the health warning and the
message required in this Section, paragraph F shall be placed on
cigarette packages.
Section 14.
Warning On Advertising - Under this Act:
a. All tobacco advertising in mass media shall contain either in
English or Filipino, the following health warning; "GOVERNMENT
WARNING: Cigarette Smoking is Dangerous to Your Health."
b. For print and outdoor advertisement, the warning frame shall be
centered across the bottom of the advertisement and occupy a total
area of not less than fifteen percent (15%) of such advertisement
including any border or fame. The text of the health warnings shall
be clearly visible and legible, printed in a prominent color as
approximate and shall appear in contrast by color, typography or
layout with all other printed material in the advertisement. The
warning shall not be hidden or obscured by other printed information
or images in the advertisement.
c. For television and cinema advertisements, the warning shall be
clearly shown and voiced over in the last five (5) seconds of the
advertisement, regardless of the duration of the advertisement, even
when such advertisement is silent. The health warning shall occupy a
total area of not less than fifty percent (50%) of the television
screen and shall be clearly visible, legible, and audible, in black
text on white background or white text on black background. No other
images except in writing shall be included in the warning frame.
d. For radio advertisement, the warnings stated after the
advertisement shall be clearly and audibly voiced over in the last
five (5) seconds of the advertisement, regardless of its duration.
CONTINUE
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