AN ACT REGULATING THE PACKAGING
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AN ACT REGULATING THE PACKAGING
Republic Act No. 9211
July 23, 2003
Case Overview and Summary
Summary of the Tobacco Regulation Act of 2003 (Republic Act No. 9211):Healthful Environment:
- Smoking is absolutely prohibited in centers of youth activity, elevators, fire hazards areas, hospitals, clinics, public conveyances, and food preparation areas. (Section 5)
- Designated smoking and non-smoking areas must be established in enclosed public places with proper signage and warnings. (Section 6)
Access Restrictions:
- Sale of tobacco products to minors through vending machines or self-service facilities is prohibited, except at point-of-sale establishments. (Section 7)
- Retailers must ensure compliance with the Act's requirements for self-service displays and facilities. (Section 8)
- It is unlawful for retailers to sell tobacco products to minors, for anyone to purchase from minors, for minors to sell or buy tobacco products, and for minors to smoke. (Section 9)
- Sale or distribution of tobacco products is prohibited within 100 meters from schools, playgrounds, or facilities frequented by minors. (Section 10)
- Point-of-sale establishments must display signage prohibiting sale/distribution to minors. (Section 11)
- Retailers must verify the age of buyers through valid photographic identification if in doubt. (Section 12)
Advertising and Promotions:
- Cigarette packages must display rotating health warnings in English or Filipino, occupying specific areas of the package. (Section 13)
- Tobacco advertising in mass media must contain health warnings in specific sizes and formats. (Section 14)
- Restrictions on tobacco advertising content, placement, and targeting minors. (Sections 15-21)
- Ban on all tobacco advertising on television, cable, radio by January 1, 2007, and cinema and outdoor advertising by July 1, 2007. (Section 22)
- Restrictions on tobacco promotions, including age verification, health warnings, and prohibited merchandise. (Section 23)
- Restrictions on naming rights and sponsorships involving tobacco brands. (Sections 24-25)
- Ban on all tobacco sponsorships by July 1, 2008. (Section 26)
- Restriction on distributing tobacco product samples to minors. (Section 27)
Implementing Agency and Application:
- Creation of the Inter-Agency Committee-Tobacco (IAC-Tobacco) to administer and implement the Act. (Section 29)
- The Act applies to all tobacco products placed into commerce in the Philippines, except those intended for export with proper markings. (Section 30)
- The IAC-Tobacco must submit an annual Compliance Monitoring Report. (Section 31)
Penalties:
- Fines and revocation of business permits for violations related to smoking in public places, selling to minors, and advertising/promotion violations. (Section 32)
Programs and Projects:
- Tobacco Growers' Assistance Program to support displaced farmers who cease tobacco production, with specific eligibility requirements. (Section 33a)
- Tobacco Growers Cooperative program to assist farmers in developing alternative farming systems. (Section 33b)
- National Smoking Cessation Program. (Section 33c)
- Research and Development Program on reducing tobacco product risks and alternative uses of tobacco. (Section 33d)
- National Tobacco-Free Public Education Program and scholarships for tobacco growers' dependents. (Section 33e)
- Displaced Cigarette Factory Workers' Assistance Program. (Section 33f)
- Health programs and grants for medical institutions related to smoking-related illnesses. (Section 33g)
- Establishment of smoking withdrawal clinics, with expenses reimbursable for minor smokers. (Section 33h)
Information Program:
- The Department of Health (DOH) must undertake a continuous information program on the harmful effects of smoking. (Section 34)
- Instructions on the hazardous effects of smoking must be integrated into school curricula. (Section 35)
Miscellaneous Provisions:
- Creation of a Congressional Oversight Committee on Tobacco to monitor the Act's implementation. (Section 36)
- The IAC-Tobacco must promulgate implementing rules within 6 months. (Section 37)
- Appropriations for the Act's implementation. (Section 38)
- Repealing and amending certain laws and administrative orders. (Section 39)
- Separability clause. (Section 40)
- Effectivity clause. (Section 41)
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cigarette advertising
smoking restrictions
tobacco product packaging
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tobacco sales to minors
tobacco growers assistance
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tobacco research and development
tobacco-free education
displaced workers assistance
Law
AN ACT REGULATING THE PACKAGING
Republic Act No. 9211
•July 23, 2003
Congress of the Philippines
Twelfth CongressSecond Regular Session
Begun held in Metro Manila on Monday, the twenty-second day of July, two thousand two
Republic Act No. 9211             June 23, 2003
AN ACT REGULATING THE PACKAGING, USE, SALE DISTRIBUTION AND ADVERTISEMENTS OF TOBACCO PRODUCTS AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Short Title - This Act shall be known as the "Tobacco Regulation Act of 2003."
Section 2. Policy - it is the policy of the State to protect the populace from hazardous products and promote the right to health and instill health consciousness among them. It is also the policy of the State, consistent with the Constitutional ideal to promote the general welfare, to safeguard the Interests of the workers and other stakeholders in the tobacco industry. For these purposes, the government shall institute a balanced policy whereby the use, sale, and advertisements of tobacco products shall be regulated in order to promote a...
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