President Rodrigo Duterte has signed an executive order implementing the nationwide smoking ban in the country, Malacañang has said.
Executive Secretary Salvador Medialdea said Thursday night, May 18, that Duterte signed Executive Order No. 26 (Providing for the Establishment of Smoke-free Environments in Public and Enclosed Places) on May 16.
The EO said smoking would be prohibited in public places whether outdoor or indoor except in designated smoking areas (DSA).
Under section 3 of the EO, the following are considered prohibited or unlawful acts:
• Smoking within enclosed public places and public conveyances, whether stationary or in motion, except in DSA
• For any persons-in-charge to allow, abet, or tolerate smoking in places outside DSAs
• Selling, distributing or purchasing tobacco products to and from minors.
• For a minor to smoke, sell or buy cigarettes or any tobacco products
• Ordering, instructing or compelling a minor to use, light up, buy, sell, distribute, deliver, advertise or promote tobacco products
• Selling or distributing tobacco products in a school, public playground, youth hostels or recreational facilities for minors, including those frequented by minors or within 100 meters from any point of the perimeter of these places
• Placing, posting, displaying or distributing advertising and promotional materials of tobacco products, such as but not limited to leaflets, posters, display structures and other materials within 10 meters from the perimeter of a school, public playground, and other facilities frequented particularly by minors, hostel, and recreational facilities for minors, including those frequented by them, or in an establishment when its location is prohibited from selling tobacco products
• Placing any form of tobacco advertisement outside of the premises of point-of-sale retail establishments
• Placing any stall, booth, and other displays concerning tobacco promotions to areas outside the premises of point-of-sale locations or adult-only facilities
Meanwhile, Section 4 of the EO provided for specific guidelines for DSAs.
All DSAs shall strictly comply with the following standards:
• There shall be no opening that would allow air to escape from the DSA to the smoke-free area of a building or conveyance, except for a single door equipped with an automatic door closer
• The DSA 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 intact ducts
• The combined area of the DSA and the Buffer Zone shall not be larger than 20 percent of the total floor area of the building or conveyance
• No building or conveyance should have more than one DSA
• The ventilation system for the DSA other than in an open space and for the Buffer Zone shall be independent of all ventilation systems servicing the rest of the building or conveyance
• Minors shall not be allowed inside the DSA and the Buffer Zone
•The DSA shall have smoking area signage, graphic health warnings on the effect of tobacco use, and a signage prohibiting
the entry of persons below 18 years old
The EO also stated that DSAs would prohibited public and private hospitals, medical, dental and optical clinics, health centers, nursing homes, dispensaries, laboratories, elevators, stairwells, schools, youth hostels and recreational facilities for minors and food preparation areas.
The EO will take effect 60 days after publication in a newspaper of general circulation.