AN ORDINANCE FOR THE REGULATION OF E-CIGARETTES IN PUBLIC

PLACES, INCLUDING PUBLIC CONVEYANCES,

ADVERTISEMENTS AND PROMOTIONS OF E-CIGAREPTES AND PROVIDING
PENALTIES THERFOR

Principal Author:
Co-Author:

WHEREAS, the 1987 Constitution declares the policy of the State to protect
and promote the right to health of the people and instill health consciousness
among them;

WHEREAS, a wide range of electronic cigarette or e-cigarette products have

been introduced in the Philippines and globally. They are handheld products that
generate a nicotine-containing aerosol without combustion;

WHEREAS, e-cigarettes should be differentiated in terms of regulation from

conventional cigarettes as studies have consistently concluded that e-cigarettes are
significantly safer than conventional tobacco smoking. This is largely attributable to
the fact that conventional cigarettes release much more carcinogens and toxins from
the combustion process that burns tobacco, whereas e-cigarette products forego
the combustion process completely. As a less harmful form of nicotine delivery,
the 2016 report of the Royal College of Physicians of the United Kingdom suggested
that e-cigarettes can be an effective tool in harm-reduction as well as a gateway to
smoking reduction and cessation. Regulating them in the exact same way as
cigarettes, however, would carry a misleading message that they are as harmful as
tobacco cigarettes. Groups such as Public Health England and the British Lung
Foundation have underscored the importance of regulating e-cigarette products
differently from cigarettes;

WHEREAS, in order to fully protect the health and welfare of the citizens of
Municipality of Tinambac and at the same time safeguard the interests of all
stakeholders including Smokers who have the right to choose less alternatives to
cigarettes, there is a need to pass an ordinance regulating the use of electronic
cigarettes in public places and conveyances, including its advertisement and
promotion. in line with the latest studies on this class of products.

NOW THEREFORE, BE IT ORDAINED, AS IT IS HEREBY ORDAINED by the

Sangguniang Bayan of Tinambac, Camarines Sur in its regular session duly
assembled that:

SECTION 1. Definition of Terms - As used in this Ordinance:

a. Electronic cigarette or e-cigarette - means any product that generates a

nicotine-containing aerosol without combustion, with or without
electronics or tobacco, or any component of that product, this includes
but not limited to a cartridge, a tank and the device without a cartridge or
tank;
b. Package - shall refer to packs, boxes, cartons or containers of any kind in
which the electronic component of an e-cigarette is offered for sale to
consumers;

c. Nicotine receptacle - Shall refer to bottles, boxes. cartons, or containers

of any kind in which a nicotine-containing solution or any related product
is offered for sale to consumers for use with an e-cigarette product
system,

d. Advertisement – refers to any visual and/or audible message

disseminated to the public about a particular product that promotes and
gives publicity by words, designs, images or any other means through
broadcast, electronic, print or whatever form of mass media, including
outdoor advertisements, such as, but not limited to, signs and billboards.
For the purpose of this ordinance, advertisement shall be understood as
e-cigarette advertisement;

e. Advertising – refers to the business of conceptualizing, presenting,

making available and communicating to the public, through any form of
mass media, any fact, data or information about the attributes, features,
quality or availability of consumer products, services or credit. For
purposes of this ordinance, advertising shall be understood as e-cigarette
advertising. This shall specifically refer to messages and images
promoting e-cigarettes; the purchase or use of e-cigarettes; and e-cigarette
trademarks, brand names, design, and manufacturer’s names;

f. Celebrity – refers to any natural person who, by his accomplishments or

fame, or by reason of his profession or calling gives the public a legitimate
interest in his doings, affairs and character. The term includes anyone
who has arrived at a position where public attention is focused upon him
as a person, such as, but not limited to, actors, athletes and other sports
personalities, war heroes, famous inventors and explorers among others.

g. Distributor - refers to any person to whom an e-cigarette product is

delivered or sold for purposes of distribution in commerce, except that
such term does not include a manufacturer or retailer or common earner
of such product;

h. Enclosed area - refers to an area that is physically separated from

adjacent areas by walls or partitions and a roof or ceiling. The walls or
partitions must be continuous, interrupted only by doors and windows.
The mere presence of a roof or ceiling over the structure, but without
waits or partitions surrounding said structure, does not constitute an
enclosed area;

i. Mass media - refers to any medium of communication which reaches a

mass of people. For this purpose, mass media includes print media such
as, but not limited to newspapers magazines, and publications, broadcast
media such as but not limited to radio, television, cable television, and
cinema; electronic media such as but not limited to, the internet. For the
purpose of this Ordinance, communications designed to reach persons by
private, postal or regular mail, electronic mail (e-mail), and similar means
shall not be considered as mass media;

j. Minor – refers to any person below eighteen (18) years old;

 k. Perimeter — when used in this Ordinance in relation to sale of, and
outdoor advertisements for, e-cigarette products, the term shall refer to
any point in the boundaries as indicated in the Original Certificate of Title
or Transfer Certificate of Title of the tract of land that is actually used or
occupied by a public school, public playground owned by the government
or other facility frequented particularly by persons below eighteen (18)
years of age who are or are intended to be the principal users or patrons
of such facility, whether or not said tract of land is separated by adjacent
tracts by a wall or fence;

l. Point-of-Sale - refers to any location at which an individual can purchase

or otherwise obtain e-cigarette products;

m. Premises - refers to a tract of land and the building or buildings thereon,

including the open spaces between the buildings located on the same
tract of land and within the perimeter of said tract of land;

n. Promotion - refers to an event or activity organized by or on behalf of an

e-cigarette manufacturer, distributor or retailer with the aim of promoting
a brand of e-cigarette, which event or activity would not occur but for the
support given to it by or on behalf of the e-cigarette manufacturer.
distributor or retailer. It may also refer to the display of an e-cigarette
product or manufacturer's name, trademark, logo. and the like on non- e-
cigarette products. This includes the paid use of e-cigarette products
bearing the brand names, trademarks, logos, and the like in movies,
television and other forms of entertainment. For the purpose of this
Ordinance, promotion shall be understood as e-cigarette promotion;

o. Public conveyances - refers to modes of transportation servicing the

general population, such as but not limited to, elevators, airplanes, buses,
taxicabs, ships, jeepneys, light rail transits, tricycles, and similar vehicles;

p. Public places – refers to enclosed or confined areas of all places of

worship, hospitals or other healthcare centers, public conveyances,
government offices, and educational or recreational facilities primarily
intended for minors; and

q. Vaping – refers to the act of using an e-cigarette where a user inhales

from the device and exhales the vapour.

SECTION 2. Public Place Use – use of e-cigarettes indoors is prohibited in

places of worship, hospitals or Other healthcare centers, public conveyances,
government offices, and educational or recreational facilities primarily intended for
minors. In all other enclosed places that are open to the general public, private
workplaces and those places not covered in the preceding enumeration, e-cigarette
product use shall be allowed, provided that the owner, proprietor, operator,
possessor, manager or administrator of such places shall post the following
statement in clear and conspicuous manner at every ingress e-cigarettes is allowed
inside.
 SECTION 3. Designation of Vaping Areas - In enclosed places that are
open to the general public, and private workplaces and other places not covered by
Section 2 of this Ordinance, such areas may include a designated vaping area
within the building, which may be in an open space, or in a separate area with
proper ventilation, but shalt not be located within the same room that has been
designated as a smoking area.

SECTION 4. Minimum Age Sales - Under this Ordinance, it shall be

unlawful:

a. For any retailer to ser distribute e-cigarette products to a minor;

b. To purchase e-cigarettes from a minor;

c. For minors to sell e- cigarettes; and

d. For minors to purchase e -cigarettes.

SECTION 5. Advertisement Restrictions - Advertisements shall be allowed

in points-of-sale, through direct marketing, and on the internet. The following
restrictions shall apply to all e-cigarette product advertisements:

(a) Advertisements Shall not be aimed at or particularly appeal to persons

under eighteen (18) years of age;

(b) Advertisements shall not contain cartoon characters or subjects that

depict humans or animals with comically exaggerated features or that
attribute human or unnatural characteristics to animals, plants or other
Objects;

(c) Advertisements shall only depict persons who are or who appear to be
above twenty-five (25) years of age;

(d) Advertisements shall not show, portray or depict scenes where the actual
use of, act of using, or puffing of e-cigarette products is displayed;

(e) Advertisements should not undermine quit-smoking messages and

encourage non-tobacco or non-nicotine users to use the product;

(f) Advertisements do not contain any information or element that is untrue

or not scientifically substantiated, in particular with regard to product
characteristics, health effects, risks or emissions;

(g) Promotional communications shall allow for adult consumers to learn

about the availability of e-cigarettes, receive information, about how to
use them, try them before purchasing them, subject to Proof of age and
certification of smoker status, and receive pre-sale and after-sales
support;

(h) Advertisements shall not appear on television, radio, or cinema; and

(i) All allowable advertisements and promotional materials for nicotine

receptacles shall contain the health warning 'This product may
damage your health and is addictive. The health warning shall
occupy ten percent of the bottom area of the advertisement.
 section 6. Punishable Acts - The following acts are punishable under this
Ordinance:

a. Vaping in public places where vaping is expressly prohibited under

Section 2 of this Ordinance;

b. Non-compliance by the owners. proprietors, operators. possessors,

managers or administrators of enclosed places open to the general public,
private workplaces, and other places not covered under Section 2 of this
Ordinance;

c. Non-compliance with Section 4 of this Ordinance when an establishment

owner requires vapers to use the same designated smoking areas
provided under the Tobacco Regulation Act unless smoking is allowed in
the entire establishment;

d. Sale of e-cigarette products to or by a minor;

e. Non-compliance with Ole restrictions on e-cigarette promotions and

advertisements;

f. Distribution of samples of e-cigarette products to minors; and

g. Selling of e-cigarette products not in compliance with national law.

SECTION 7. Penalties for Violation of this Ordinance -

On the first offense, a fine of no less than Five Hundred Pesos (Php
500.00) but not more than One Thousand Pesos (Php 1,000.00) shall be
imposed.

On the second offense. a fine of more than One Thousand Pesos (Php
1,000.00) but not more than Two Thousand Five Hundred Pecos (Php
2,500.00) shall be imposed.

On the third offense, in addition to a fine of not less than Two Thousand
Five Hundred Pesos (Php 2,500.00) but not more than Five Thousand Pesos
(Php 5,000.00), the business permit/s and license/s to operate of the offender
may be canceled or revoked.

SECTION 8. Repealing Clause - inconsistent with this Ordinance are hereby

repealed or modified accordingly.
reduction.

SECTION 9. Separability Clause - Should any provision of this Ordinance

be subsequently declared unconstitutional or invalid, the other provisions not
affected by such declaration shall remain in full force and effect.

SECTION 10. Effectivity. This ordinance shall take effect thirty (30) days after
its approval and publication in the newspaper of local circulation.
ENACTED: