Second 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 healthful environment and protect the citizens from the hazards of tobacco smoke, and at the same time ensure that the interest of tobacco farmers, growers, workers and stakeholders are not adversely compromised. Section 3. Purpose - It is the main thrust of this Act to:
a. Promote a healthful environment;
b. Inform the public of the health risks associated with cigarette smoking and tobacco use; c. Regulate and subsequently ban all tobacco advertisements and sponsorships; d. Regulate the labeling of tobacco products;
e. Protect the youth from being initiated to cigarette smoking and tobacco use by prohibiting the sale of tobacco products to minors; f. Assists and encourage Filipino tobacco farmers to cultivate alternative agricultural crops to prevent economic dislocation; and g. Create an Inter-Agency Committee on Tobacco (IAC-Tobacco) to oversee the implementation of the provision of this Act. Section 4. Definition of Terms - As used in this Act:
a. "Advertisement" - refers to any visual and/or audible message disseminated to the public about or on a particular product that promote and give publicity by words, designs, images or any other means through broadcasts, electronic, print or whatever form of mass media, including outdoor advertisements, such as but no limited to signs and billboards. For the purpose of this Act, advertisement shall be understood as tobacco advertisement. b. "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 consumers products, services or credit. For the purpose of this Act, advertising shall be understood as tobacco advertising. This shall specifically refer to any messages and images promoting smoking; the purchase or use of cigarette or tobacco trademarks brand names, design and manufacturer's names; c. "Advertiser" - refers to a person or entity on whose account of for whom an advertisement is prepared and disseminated by the advertising agency, which is service established and operated for the purpose of counseling or creating and producing and/or implementing advertising program in various forms of media; d. "Cigarette" - refers to any roll or tubular construction, which contains tobacco or its derivatives and is intended to be burned or heated under ordinary conditions of use; e. "Distributor" - refers to any person to whom a tobacco product is delivered or sold for purposes of distribution in commerce, except that such terms does not include a manufacturer or retailer or common carrier of such product; f. "Mass Media" - refers to any medium of communication designed to reach a mass of people. For this purposes, mass media includes print media such as, but not limited to, newspapers, magazines, and publications; broadcast media such as, but not limited...