Thursday, May 18, 2017

Duterte signs EO for national smoking ban

President Rodrigo Duterte’s successful anti-smoking campaign in Davao City during his term as mayor is now coming to fruition on a nationwide scale.

The President signed the Execute Order (EO) 26 or The Establishment of Smoke-Free Environments in Public and Enclosed Spaces on May 16, 2017 (Tuesday) which will now implement a national smoking ban.

EO 26 was instituted to “promote the right to health”, “instill health consciousness”, and abide by the World Health Organization Framework Convention on Tobacco Control (WHO FCTC) which the Philippines is a party.

The order is also pursuant to Republic Act (RA) 8749 or the Philippine Clean Air Act of 1999 and RA 9211 or the Tobacco Regulation Act of 2003

EO 26 encompasses prohibited acts, designated smoking areas (DSA), and assignation of persons-in-charge, among others.

The Prohibitive Acts under EO 26 are as follows:

1. Smoking in enclosed public spaces and public conveyances

2. For “persons-in-charge” to allow, abet or tolerate smoking in places not designated for smoking

3. For a person to sell, distribute or purchase tobacco to and from minors

4. For a minor to smoke, sell or buy cigarettes or any other tobacco products

5. Ordering, instructing or compelling a minor to use, light up, buy, sell, distribute, deliver, advertise or promote tobacco products

6. Selling or distributing tobacco products in schools, public playgrounds, youth hostels and recreational facilities for minors or within 100 meters from any point of the perimeter of these places

7. Placing advertisement and promotional materials of tobacco products within 100 meters from the perimeter of a school, public playground, and other facilities frequented by minors

8. Placing any form of tobacco advertisement outside of the premises of point-of-sale retail establishments

9. Placing any stall, booth, and other displays concerning tobacco promotions to areas outside the premises of point-of-sale locations or adult-only franchises

The following are requirements for the establishment of DSAs:

1. For a DSA in an enclosed space, there shall be no opening that will allow air to escape from the DSA to the smoke-free area of a building

2. A DSA shall not be located within 10 meters from entrances, exits, or any place where people pass or congregate, or in front of air intake ducts

3. A DSA and its non-smoking buffer zone shall not be larger than 20 percent of the total floor area of the building

4. No building or conveyance shall have more than one DSA

5. The ventilation system for the DSA in an enclosed space and its buffer zone shall be independent of all ventilation systems servicing the rest of the building or conveyance

6. Minors shall not be allowed in DSAs

7. DSAs shall have the following signage:
a. “Smoking Area” signage
b. Graphic health warnings on the effects of tobacco use
c. Prohibition on the entry of persons below 18 years old

Meanwhile, DSAs are barred from being established in or near these places:

1. Centers of youth activity such as schools, colleges and universities, youth hostels, and recreational facilities for minors

2. Elevators and stairwells

3. Locations in which fire hazards are present (gas stations, storage areas for flammable liquids, gas, explosives or combustible materials.)

4. Within the buildings and premises of public and private hospitals and other medical facilities

5. Food preparation areas

The persons-in-charge are mandated to abide by these duties:

1. Prominently post a “No Smoking” sign in locations most visible to the public in the areas where smoking is prohibited.

2. Prominently post and display the “No Smoking” signage in the most conspicuous location within a public conveyance.

3. Remove from the places where smoking is prohibited all ashtrays and other receptacles for disposing cigarettes

4. Post in schools, public playgrounds, youth hostels and recreational facilities for minors the signage banning sale, advertisement and promotion of cigarette or other tobacco products

5. Post in point-of-sale establishments a notice stating that the sale or distribution of tobacco products to minors is unlawful

Source: Abs-Cbn News


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