Executive Command no. 26 , entitled Provision of the Establishment of Smoke Free Environments in Public and Closed Areas , issued by Philippine President Rodrigo Duterte on May 16, 2017. This executive order enforces the Clean Air Act of 1999 and the Act Tobacco Regulation of 2003 to impose a nationwide ban on smoking in all public places in the Philippines. The ban replicates at the national level an existing rule in Davao City made by Duterte as mayor in 2002. The order came into force on July 23, 2017, 60 days after publication in a newspaper.
Video Nationwide smoking ban order (Philippines)
Terms
Section 3. The Forbidden Story, The following acts are found to be unlawful and prohibited;
(a) Smoking in public vehicle covered places, whether stationary or moving, except in DSA pursuant to Part 4 of its Orders;
(b) For persons liable to permit, meet or tolerate smoking in the places mentioned in the preceding paragraph, outside the DSA in full accordance with Section 4 of this Order;
(c) For anyone to sell, distribute, or buy tobacco products to and from minors. It will not be a defense for a person selling or distributing that he or she does not know or is aware of the true age of a minor. Nor will it be a defense that he does not know or has no reason to believe that cigarettes or other tobacco products are for the consumption of minors being sold;
(D) For minors to smoke, sell or buy cigarettes or other tobacco products;
(e) Ordering, instructing or forcing minors to use, lighting, buying, selling, distributing, transmitting, advertising or promoting tobacco products;
(f) Selling or distributing tobacco products at schools, public playgrounds, youth hostels and recreational facilities for minors, including those frequented by minors, or within 100 meters of any point in these places ;
(g) Placing, posting, displaying or distributing advertising and promotional materials of tobacco products, such as but not limited to leaflets, posters, display structures and other materials within 100 meters of the school perimeter, public playgrounds and other frequently visited facilities. especially by minors, dormitories and recreational facilities for minors, including those frequented by them, or in a place where the company or location is prohibited from selling tobacco products.
(h) place any form of tobacco advertising outside the premises of the retail company in which the sale is made; and
(i) Placing kiosks, booths, and other displays of tobacco promotion to areas outside the location of the sale location or adult facilities.
The order limits and punishes the act of smoking tobacco products in closed public places and public transport, whether stationary or moving, except in certain smoking areas. This requires that all public buildings or places accessible or open to the public regardless of ownership or right of access shall be smoke free within and within 10 meters (33Ã, ft) of the entrance and exit or where persons pass or assemble, and from the air intake channel. These include but are not limited to:
- Government building
- Schools, colleges, and universities
- Other offices and workplaces
- Other restaurants and food and beverage companies
- Hotels and other accommodation facilities
- Hospitals, health centers, clinics and nursing homes
- Transport terminal
- Church
- Shopping centers, retail stores, and other merchandise companies
- Entertainment company
- Sports venue
- Other companies providing professional services
Public transportation includes buses and jeepneys, taxis, tricycles and other public utility vehicles, transit trains, airplanes and ships. The order also prohibits smoking in all open spaces where people gather like parks, playgrounds, sidewalks, waiting areas, open markets, and resorts.
The order also includes restrictions on the sale, distribution and purchase of tobacco products to and from minors, or persons under 18, as well as restrictions on advertising and promotion of cigarettes under the Tobacco Regulations Act. It also instructs all local government units to establish a "Cigarette Free Task Force" to help enforce its provisions.
Penalty
The order imposes a fine of up to ? 10,000 ( US $ 200 ) for violation of smoking bans in public places as defined in article 32 of the Tobacco Regulatory Act. Enforcement can be done by members of the Philippine National Police and local task forces of each city and municipality.
- ? 500 - ? 1,000 for first violation
- ? 1,000 - ? 5,000 second violation
- ? 5,000 - ? 10,000 for the third violation plus revocation of business license or license to operate the company in violation
Special smoking area
Section 4 EO describes the standards required for a special smoking area (DSA) in a public place:
- DSA must have a combined area and buffer zone no greater than 20 percent of the total building floor but not less than 10 meters (33Ã, ft)
- DSA will not have an opening that will allow air out into smoke-free areas of the building or transport equipment
- DSA must have a separate ventilation system from another ventilation system that serves the rest of the building or transport equipment
- DSA will clearly display the "Smoking Area" sign, graphic health warning, and entry ban of persons under the age of 18
- There is only one DSA per building or transport tool
The order also stipulates that no special smoking area should be installed in all centers of youth activities such as playgrounds, prep school, primary schools, high schools, colleges and universities, youth hostels and recreational facilities for minors; elevator and stairs; locations of fire hazards such as gas stations and storage areas for flammable liquids, gases, explosives or combustible materials; hospitals, medical centers, medical clinics, dental and optics, nursing homes, pharmacies and laboratories; and food preparation areas.
Maps Nationwide smoking ban order (Philippines)
References
External links
- Executive Command no. 26, s. 2017
- Executive Command no. 26 - http://www.officialgazette.gov.ph/downloads/2017/05may/20170516-EO-26-RRD.pdf
Source of the article : Wikipedia
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