President Duterte has issued an executive order expanding his Nationwide Smoking Ban to cover the use of vapes, electronic cigarettes, and other tobacco products in enclosed public spaces.
In his Executive Order (EO) No. 106, President Duterte has prohibited the manufacture, distribution, marketing or sale of unregistered or adulterated Electronic Nicotine and Non-Nicotine Delivery Systems (ENDS/ENNDS), its components such as devices, e-liquids, solutions or refills, heated tobacco products (HTPs), and other tobacco products.
All e-liquids, solutions or refills forming components of ENDS/ENNDS or HTPs shall now be registered with the Food and Drug Administration (FDA) and shall be regulated by the Inter-Agency Committee-Tobacco (IAC-T).
Manufacturers, distributors, and sellers of the said products are also rewuired to secure a license to operate from the FDA.
The FDA and the Department of Trade and Industry (DTI) are directed to coordinate with the Bureau of Customs (BoC) to combat the entry and importation of unregistered or adulterated ENDS/ENNDS, HTPs, and its components.
Designated
vaping areas
President Duterte’s new order is an expansion of the coverage of EO No. 26 or the Nationwide Smoking Ban. Under the new order, smoking or vaping within enclosed public places and public conveyances, whether stationery or in motion, except in designated smoking/vaping areas (DSVAs) is prohibited.
The DSVAs should not have openings that will allow air to escape to the smoke/vape-free areas except for the single door equipped with an automatic door closer unless the said area is not an open space.
The said areas shall not be located in or within 10 meters from entrances, exits, or any place where people pass or congregate, or in front of air intake ducts.
Minors shall not be allowed inside the DSVA and Buffer Zones or areas intended to keep the public from inhaling second-hand smoke.
The DSVAs should also have a signage declaring it is a smoking/vaping area; graphic health warnings on the effects of using tobacco products, ENDS/ENNDS, and HTPs; and a sign prohibiting the entry of minors.
Other prohibited acts
The new EO also prohibits the sale, distribution, or purchase of tobacco products to or from minors; or ENDS/ENNDS, HTPs, and their components to or from persons below 21 years old.
Ordering or compelling the use, lighting up, purchase, sale, distribution, delivery, advertisement or promotion of tobacco products by a minor, or of ENDS/ENNDS, HTPs, or their components by those below 21 years old are also prohibited.
It is also not allowed to advertise or promote the said products on areas where their sale and distribution is prohibited. (Argyll Geducos)