After reading What is Republic Act No. 9211 or Tobacco Regulation Act of 2003? read also Imposition of Excise Tax on Removal of Sweetened Beverages Products for Export.
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The State protects the populace from hazardous products
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Tobacco refers to agricultural components derived from the tobacco plant which are processed for use in the manufacturing of cigarettes
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Tobacco products refers to any product that consists of loose tobacco that contains nicotine
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 to promote the general welfare, to safeguard the interests of the workers and other stakeholders in the tobacco industry.
What is tobacco?
The law says:
Tobacco refers to agricultural components derived from the tobacco plant, which are processed for use in the manufacturing of cigarettes and other tobacco products. On the other hand, tobacco products refer to any product that consists of loose tobacco that contains nicotine and is intended for use in cigarette, including any product containing tobacco and intended for smoking or oral or nasal use. Smoking refers to the act of carrying a lighted cigarette, whether or not it is being inhaled or smoked.
Is smoking allowed in public places?
The law says:
Smoking shall be absolutely prohibited in the following public places:
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Centers of youth activity such as playschools, preparatory schools, elementary schools, high schools, colleges and universities, youth hostels, and recreational facilities for persons under eighteen (18) years old;
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Elevator and stairwells;
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Location in which fire hazards are present, including gas stations and storage areas for flammable liquids, gas, explosives or combustible materials;
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Within the buildings and premises of public and private hospitals. Medical, dental, and optical clinics, health centers, nursing homes, dispensaries and laboratories;
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Public conveyance and public facilities including airport and ship terminals and train and bus stations, restaurant and conference halls, except for separate smoking areas; and
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Food preparation areas.
Take note that the law provides for the minimum age sales such that it is unlawful:
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For any retailer or tobacco products to sell or distribute tobacco products to any minor;
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For any person to purchase cigarettes or tobacco products from a minor;
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For any minor to sell or buy cigarettes or any tobacco products; and
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For a minor to smoke cigarettes or any other tobacco products.
Can a seller say that he or she does not know the real age of the minor?
The law says:
It shall not be a defense for the person selling or distributing that he or she did not know or was unaware of the real age of the minor. Neither shall it be a defense that he or she did not know nor had any reason to believe that cigarette or any other tobacco product was for the consumption of the minor to whom it was sold.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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