Rules and Regulations Implementing Republic Act No. 9211, Otherwise Known as the Tobacco Regulation Act of 2003

 

WHEREAS, it is the policy of the State to protect the populace from hazardous products and promote the right to health and instill health consciousness;

 

WHEREAS, 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;

 

WHEREAS, there is a need for the government to 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 interests of tobacco farmers, growers, workers and other stakeholders are not adversely compromised;

 

NOW, THEREFORE, pursuant to Section 37 of Republic Act No. 9211, the following rules and regulations are hereby promulgated:

 

Title I – GENERAL PROVISIONS Rule I – Title

 

Section 1.     Title.  – These Rules shall be referred to as the Implementing Rules and Regulations of the Tobacco Regulation Act of 2003.

Rule II – Coverage

 

Section 1.     Coverage. – These Rules shall apply to all types of tobacco products placed into commerce in the Philippines, whether locally manufactured or imported.

 

Rule III – Definition of Terms

 

Section 1.     Definition of terms. - For purposes of these Rules, the term:

 

1.1.    “Act” – refers to Republic Act No. 9211, otherwise known as the Tobacco
Regulation Act of 2003;

 

1.2.    “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 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 these Rules, advertisement shall be understood as tobacco advertisement;

 

1.3.    “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 the purpose  of  these  Rules,  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 products; and   cigarette   or   tobacco   trademarks,   brand   names,   design   and manufacturer’s names;

 

1.4.    “Advertiser” – refers to a person or entity on whose account or for whom an advertisement is prepared and disseminated by the advertising agency, which is a service established and operated for the purpose of counseling or creating and producing and/or implementing advertising programs in various forms of media;

 

1.5.    “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.

 

1.6.    “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;

 

1.7.    “Distributor”  –  refers  to  any  person  to  whom  a  tobacco  product  is delivered or sold for purposes of distribution in commerce, except that such term does not include a manufacturer or retailer or common carrier of such product;

 

1.8.    “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 walls  or  partitions  surrounding  said  structure,  does  not  constitute  an enclosed area;

 

1.9.    “IAC-Tobacco” – refers to the Inter-Agency Committee-Tobacco;

 

1.10.  “Indicia” – refers to any name,  logo or trademark and other words, symbols, designs, colors or other depictions of tobacco products which are registered, or although unregistered, are either considered “well known”, as defined under the Intellectual Property Code of the Philippines and its implementing rules and regulations, or have become distinctive in relation to the tobacco product arising from substantially exclusive and continuous use in commerce in the Philippines for at least five (5) years;

 

1.10.  “Indicia” – refers to any name,  logo or trademark and other words, symbols, designs, colors or other depictions of tobacco products which are registered, or although unregistered, are either considered “well known”, as defined under the Intellectual Property Code of the Philippines and its implementing rules and regulations, or have become distinctive in relation to the tobacco product arising from substantially exclusive and continuous use in commerce in the Philippines for at least five (5) years;