ORDINANCE NO: 2024-588 Sponsored by: Committee on Health and Social Services "AN ORDINANCE REGULATING THE USE, DISTRIBUTION, MARKETING AND SALE OF ELECTRONIC NICOTINE/NON-NICOTINE DELIVERY SYSTEMS, HEATED TOBACCO PRODUCTS AND OTHER NOVEL TOBACCO PRODUCTS IN PUBLIC PLACES OF PAGADIAN CITY" WHEREAS,?Article II, Sections 15 and 16 of the Constitution mandates the State to protect and promote the right to health of the people and instill health consciousness among them, as well as to protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature; WHEREAS,?the World Health Organization (WHO) issued a report in August 2016 on Electronic Nicotine Delivery System and Electronic Non-Nicotine Delivery Systems (ENDS/ENNDS), which noted that (i) the use of adulterated and even unadulterated ENDS/ENNDS produces aerosol that ordinarily includes toxicants which trigger a range of significant pathological changes, and (ii) ENDS/ENNDS are unlikely to be harmless, such that long-term use is expected to increase the risk of chronic obstructive pulmonary disease, lung cancer, possible cardiovascular disease, as well as some other diseases associated with smoking; WHEREAS,?Republic Act (RA) No. 11467 mandates the Food and Drug Administration (FDA) to periodically determine and regulate, consistent with evolving medical and scientific studies, the manufacture, importation, sale, packaging, advertising and distribution of heated tobacco products (HTPs) and ENDS/ENNDS, including banning the sale to persons below twenty-one (21) years old; WHEREAS,?RA No. 7394 or the "Consumer Act of the Philippines," declares it a policy of the State to ensure safe and good quality of food, drugs, cosmetics and devices, and regulate their production, sale, distribution and advertisement, to protect the health of consumers, and designates the Department of Health (DOH), through the FDA, as implementing agency therefor; WHEREAS,?RA No. 7394 prohibits the adulteration of any food, drug, device, or cosmetic and the manufacture, importation, exportation, sale, offering for sale, distribution or transfer of any food, drug, device or cosmetic that is adulterated; WHEREAS,?RA No. 9711 or the "FDA Act of 2009," provides that the State shall adopt, support, establish, institutionalize, improve and maintain structures, processes, mechanisms and initiatives that are aimed, directed and designed to protect and promote the people's right to health; WHEREAS,?RA No. 9711 also prohibits the adulteration of health products, and the manufacture, importation, exportation, sale, offering for sale, distribution, transfer, non-consumer use, promotion, advertising or sponsorship of any health product that is adulterated; WHEREAS,?RA No. 8749 or the "Philippine Clean Air Act of 1999," defines air pollutant as any matter found in the atmosphere other than the inert gases in their natural or normal concentrations, that is detrimental to health or the environment, which includes but is not limited to smoke, dust, soot, cinders, fly ash, solid particles of any kind, gases, fumes, chemical mists, steam and radioactive substances; WHEREAS,?the use of ENDS/ENNDS, HTPs and other novel tobacco products, as a shift from conventional lighted tobacco products, has proliferated in the country; WHEREAS,?the DOH has reported that users and bystanders exposed to emissions from the use of ENDS/ENNDS, HTPs and other novel tobacco products are at similar risk of respiratory illness, cardiovascular diseases, addiction, cancer, neurodegeneration, brain development retardation, anxiety, and sexual and reproductive dysfunctions, among other health conditions; WHEREAS,?there is a need to regulate access to and use of ENDS/ENNDS, HTPs and other novel tobacco products, to address the serious and irreversible threat to public health, prevent the initiation of non-smokers and the youth, and minimize health risks to both users and other parties exposed to emissions; NOW, THEREFORE be enacted, as it is hereby enacted, by the Sangguniang Panlungsod of the City of Pagadian, in session assembled, by virtue of the powers vested in it by law, that: ARTICLE I - TITLE SECTION 1. TITLE. This ordinance shall be known as, "AN ORDINANCE REGULATING THE USE, DISTRIBUTION, MARKETING, AND SALE OF ELECTRONIC NICOTINE/NON-NICOTINE DELIVERY SYSTEMS, HEATED TOBACCO PRODUCTS AND OTHER NOVEL TOBACCO PRODUCTS IN PUBLIC PLACES OF PAGADIAN CITY." ARTICLE II - GENERAL PROVISIONS SECTION 2. It shall be unlawful for any person to smoke or allow smoking of tobacco product and other electronic nicotine/non-nicotine products in public conveyances, government-owned vehicles, accommodation and entertainment establishments, workplaces, enclosed or partially enclosed public places, public buildings, public & private schools, public outdoor space. SECTION 3.?DEFINITION OF TERMS. The following terms shall mean: Advertising and promotion - means any form of commercial communication, recommendation or action with the aim, effect or likely effect of promoting tobacco products, ENDS/ENNDS, HTPs, or their components, or the use thereof, either directly or indirectly. Designated Smoking/Vaping Area (DSVA) - refers to an area of a building or conveyance where smoking and vaping may be allowed, which may be in an open space or separate area with proper ventilation subject to the specific standards provided in this Order. Electronic Nicotine/Non-Nicotine Delivery Systems (ENDS/ ENNDS), otherwise known as electronic cigarettes or vapes, are e-liquids, solutions or refills, whether or not containing nicotine, and an electronic delivery device, or any combination thereof, that produce an aerosol, mist or vapor that users inhale by mimicking the act of smoking. ENDS/ENNDS deliver nicotine and/or other chemicals to the lungs after one end of a plastic or metal cylinder is placed in the mouth, like a cigarette or cigar, and inhaled to draw a mixture of air and vapors from the device into the respiratory system. These contain electronic vaporization systems, rechargeable batteries and chargers, electronic controls and replaceable cartridges containing nicotine and/or other chemicals. For the avoidance of doubt, the term ENDS/ENNDS is coextensive with the term "vapor products" as defined in RA No. 11467. Heated Tobacco Product (HTP) - refers to a product that may be consumed through heating tobacco, either electrically or through other means, sufficient to release an aerosol that can be inhaled, without burning or combustion of the tobacco. HTPs include liquid solutions and gels that are part of the product and are heated to generate an aerosol. Non-Smoking/Vaping Buffer Zone (Buffer Zone) - is a ventilated area between the door of a DSVA not located in an open space and the smoke/vape-free area. There shall be no opening that will allow air to escape from such Non-Smoking/Vaping Buffer Zone to the smoke/vape-free area, except for a single door equipped with an automatic door closer. Such door is distinct from the door of the DSVA, which shall be at least two (2) meters away from the other. Novel tobacco products - refers to all substances, devices and innovations entirely or partly made of tobacco leaf as raw material, already existing or to be developed in the future, intended to be used as substitutes for cigarettes, conventional tobacco products, ENDS/ENNDS or HTPs. Person in charge - someone responsible for something or has control over it. Point-of-sale - refers to any location at which an individual can purchase or otherwise obtain tobacco products, ENDS/ENNDS, HTPs, or their components. Public place - is any location or open place used by the general public or serving as a place of work containing two hundred fifty or more square feet of floor space, including, but not limited to restaurants, retail stores, lobbies and malls, offices, commercial establishments, public conveyances with departures, travel and destination, educational facilities, hospitals, clinics, healthcare and medical facilities, auditoriums, elevators, theaters, libraries, concert halls, and meeting rooms. Smoke/vape-free - refers to air that is 100% free from smoke, vapor or aerosol from tobacco products, ENDS/ENNDS or HTPs. This definition includes, but is not limited to, air in which such smoke, vapor or aerosol cannot be seen, smelled, sensed or measured. Smoking/vaping - means being in possession or control of a tobacco product or a powered ENDS/ENNDS or HTP, regardless of whether the emission in the form of smoke, vapor or aerosol is being actively inhaled or exhaled. Tobacco products - means products entirely or partly made of tobacco leaf as raw material which are manufactured to be used for smoking, sucking, chewing or snuffing, such as but not limited to cigarette, cigar, pipe, shisha/hookah and chew tobacco. The term shall exclude ENDS/ENNDS and HTPs and include other novel tobacco products ARTICLE III - REGULATIONS & PENALTIES SECTION 4.?PROHIBITION OF UNREGISTERED AND/OR ADULTERATED ENDS/ENNDS, HTPS AND OTHER NOVEL TOBACCO PRODUCTS.?The manufacture, distribution, marketing or sale of unregistered or adulterated ENDS/ENNDS, components thereof in the form of devices, e-liquids, solutions or refills whether physically part of or intended to be used with ENDS/ENNDS, HTPs and other novel tobacco products, are hereby prohibited and shall be dealt with in accordance with this Ordinance and existing laws. SECTION 5.?REGULATORY FRAMEWORK FOR ENDS/ENNDS, HTPS AND OTHER NOVEL TOBACCO PRODUCTS.?All e-liquids, solutions or refills forming components of ENDS/ ENNDS or HTPs shall be registered with the FDA, in accordance with RA Nos. 9711 and 11467. Other novel tobacco products shall be regulated in accordance with RA No. 9211 and other relevant issuances, and are subject to the jurisdiction of the Inter-Agency Committee-Tobacco (IAC-T), established under the said law. SECTION 6.?LICENSE TO OPERATE.?All establishments engaged in the manufacture, distribution, importation, marketing and sale of ENDS/ENNDS, HTPs, or their components, shall secure a License to Operate (LTO) from the FDA. SECTION 7.?PROHIBITED ACTS.?The following acts are declared unlawful and prohibited: (a) Smoking/vaping within enclosed public places and public conveyances, whether stationary or in motion, except in DSVAs fully compliant with the requirements of Section 4 of this ordinance; (b) For persons-in-charge to allow, abet or tolerate smoking/vaping in places enumerated in the preceding paragraph, outside of DSVAs fully compliant with Section 4 of this ordinance; (c) For any person to sell, distribute or purchase tobacco products to or from minors, or ENDS/ENNDS, HTPs, or their components to or from persons below twenty-one (21) years old. It shall not be a defense for the person selling, distributing or purchasing that he/she did not know or was not aware of the real age of the person he/she is transacting with. Neither shall it be a defense that he/she did not know nor had any reason to believe that the cigarette or any other tobacco product, ENDS/ENNDS, HTPs, or their components, was for the consumption of the person who received it; (d) Use, sale or purchase of cigarettes or other tobacco products by a minor, or of ENDS/ENNDS, HTPs, or their components by a person below twenty-one (21) years old; (e) Ordering, instructing 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 a person below twenty-one (21) years old; (f) Selling or distributing tobacco products, ENDS/ENNDS, HTPs, or their components in a school, public playground, youth hostels, recreational facilities for minors, areas frequented by minors, or within 100 meters from any point of the perimeter of these places; (g) Placing, posting, displaying or distributing advertisement and promotional materials of tobacco products, ENDS/ENNDS, HTPs, or their components, such as but not limited to leaflets, posters, display structures and other materials in areas where their sale and distribution is prohibited; (h) Placing any form of advertisement of tobacco products, ENDS/ ENNDS, HTPs, or their components outside the premises of point-of-sale retail establishments; (i) Placing any stall, booth, and other displays promoting tobacco products, ENDS/ENNDS, HTPs, or their components, in areas outside the premises of point-of-sale locations or adult-only facilities (j) Failure to mark containers and packages of ENDS/ENNDS, HTPs, and the components thereof, with appropriate health warnings, pursuant to the content, format and specifications designated by the FDA, based on the actual ingredients or components of the product; (k) Incorporating e-liquids, solutions and refills with flavors and additives that are proven or suspected to be appealing or enticing to persons below twenty-one (21) years of age, toxic, harmful, addictive or sensitizing; and (l) Adding Tetrahydrocannabinol (THC) or cannabinoid compounds in liquids used in ENDS/ENNDS and HTPs. Violation of this provision shall be punishable in accordance with the applicable penalties provided under RA No. 9165 or the "Comprehensive Dangerous Drugs Act of 2002." SECTION 8.?Standards for DSVAs. All DSVAs shall strictly comply with the following standards: (1) There shall be no opening that will allow air to escape from the DSVA to the smoke/vape-free area of the building or conveyance, except for a single door equipped with an automatic door closer; provided that, if the DSVA is not located in an open space, such door shall open directly towards a Buffer Zone as defined under this ordinance; (2) The DSVA shall not be located in or within ten (10) meters from entrances, exits, or any place where people pass or congregate, or in front of air intake ducts; (3) The combined area of the DSVA and the Buffer Zone shall not be larger than 20% of the total floor area of the building or conveyance, provided that in no case shall such area be less than ten (10) square meters; (4) No building or conveyance shall have more than one DSVA; provided that persons-in-charge have the option of establishing one Designated Smoking Area and one Designated Vaping Area therein, subject to the same standards under this Section, with a combined area not exceeding 20% of the total floor area of the building or conveyance; (5) The ventilation system for the DSVA other than in an open space and for the Buffer Zone shall be independent of air ventilation systems servicing the rest of the building or conveyance; (6) Minors shall not be allowed inside the DSVA and the Buffer Zone; (7) The DSVA shall have the following signages highly visible and prominently displayed: (7.1) "Smoking/Vaping Area signage; (7.2) Graphic health warnings on the effects of using tobacco products, ENDS/ENNDS and HTPs; and (7.3) Prohibition on the entry of persons below eighteen (18) years old. (8) Other standards and specifications to better ensure a smoke/vape- free environment as may be prescribed by the IAC-T under RA No. 9211 and the FDA, provided that such standards and specifications are consistent with this Order and that persons-in-charge are given (60) days to comply. Nothing in this Ordinance shall compel persons-in-charge to establish DSVAs nor prevent them from instituting more stringent measures in their buildings and establishments to better ensure a smoke/vape-free environment in their premises. SECTION 9.?DUTIES AND OBLIGATIONS OF PERSONS-IN-CHARGE.?Persons-in-charge shall: (a) Prominently post and display the "No Smoking/Vaping" signage, in locations most visible to the public in the areas where smoking/ vaping is prohibited. At the very least, the "No Smoking/Vaping" signage must be posted at the entrance to the area, which shall be at least 8x11 inches in size, where the symbol shall occupy 60% of the signage, while the remaining 40% of the signage shall show the pertinent information/precautionary statement, as follows: For example: / STRICTLY NO SMOKING/VAPING Per EO No. 26 (s. 2017),?as amended Violators can be fined up to P5,000.00 Report violations to [hotline number] As for the?DSVA,?after complying with the specifications in Section 4, prominently display the following elements in the signage: "DESIGNATED SMOKING/VAPING?AREA" or "SMOKING/VAPING?AREA" [Place graphic/picture-based health warning on the effects of tobacco, ENDS/ENNDS or HTP?use within the signage] [If available, place number of smoking/vaping cessation hotline] (b) Prominently post and display the "No Smoking/Vaping" signage in the most conspicuous location within the public conveyance. At the very least, a three and a half (3.5) square inch "No Smoking/ Vaping" signage shall be placed on the windshield and a ten (10) square inch "No Smoking/Vaping" sign at the driver's back seat; (c) Remove from the places where smoking/vaping is prohibited all ashtrays and other receptacles for disposing cigarette/electronic cigarette refuse; (d) For persons-in-charge of schools, public playgrounds, youth hostels and recreational facilities for minors, including those frequented by minors, post the following statement in a clear and conspicuous manner: SELLING, ADVERTISING AND PROMOTING CIGARETTES, ELECTRONIC NICOTINE/NON-NICOTINE DELIVERY SYSTEMS, HEATED TOBACCO PRODUCTS?OR OTHER TOBACCO PRODUCTS NOT ALLOWED WITHIN 100 METERS FROM ANY POINT IN THE PERIMETER OF [NAME OF SCHOOL / PLAYGROUND / FACILITY FOR MINORS / ETC.] (e) For persons-in-charge of schools, public playgrounds, youth hostels and recreational facilities for minors, including those frequented by minors, to report to the nearest Smoke/Vape-Free Task Force of the concerned city or municipality any sale, advertisement or promotion of tobacco products, ENDS/ENNDS, HTPs, or their components, located within 100 meters from its perimeter; (f) For persons-in-charge of point-of-sale establishments, post the following notice, together with a graphic/picture-based health warning on the health consequences of tobacco product, ENDS/ ENNDS or HTP use as prescribed by the DOH, in a clear and conspicuous manner: SALE/DISTRIBUTION OF TOBACCO PRODUCTS TO MINORS, OR ELECTRONIC NICOTINE/NON-NICOTINE DELIVERY SYSTEMS OR HEATED TOBACCO PRODUCTS TO PERSONS BELOW 21 YEARS OLD, IS UNLAWFUL (g) Establish internal procedure and measures through which this ordinance shall be implemented and enforced within the area of which he or she is in charge. This includes compliance with smoking/vaping, sales, distribution, advertising and promotions restrictions (e.g., warning smoking/vaping violators in banned areas and requesting them to stop smoking/vaping or leave the premises), and if they still refuse to comply, reporting the incident to the City Health Office, the nearest peace officer, or to any member of the Smoke/Vape-Free Task Force; SECTION 10. PENALTIES. The following penalties shall be imposed on violators of this Ordinance: Violation of Section 7,8 & 9 hereof: First Offense: P 1,000.00 Second Offense: P 3,000.00 Third and subsequent offenses: P 5,000.00 In case of a minor, the City Social Welfare and Development Office shall meet with the child and his/her parents & guardians for proper smoking cessation counselling and the development of the appropriate division and rehabilitation program, in coordination with Barangay Council for the Protection of Children. The collection of penalties will be at the City Treasurer's Office and will be provided by an official receipt in every transaction. Suspension of License. In an initial or first offense of an establishment, a notice of warning will be given and recorded. However, with two (2) or more offenses documented, the license to operate of any establishment or of any public conveyance covered by this Ordinance shall be suspended for at least two (2) weeks but not more than one (1) month, and the violation must be recorded in the Office of Permits and Licenses. SECTION 11. CITATION TICKETS - Citation ticket shall be issued to violators of the provisions of this Ordinance. The citation ticket shall state, among other, the name and address of the violator, the specific violation committed and the corresponding administrative penalty. The Philippine National Police and such other appropriate enforcers as commissioned by the City Mayor through the Anti-Smoking/Vaping Task Force shall have the power to apprehend violators of this Ordinance and issue citation tickets. The Mayor through the Anti-smoking/Vaping Task Force may deputize barangay officials or representatives of the private sector, non-government organization and government organization in the strict implementation of this Ordinance, as the need arises. ARTICLE IV - ENFORCEMENT SECTION 12.?CREATION OF SMOKE/VAPE-FREE TASK FORCE.?A local Smoke/Vape-Free Task Force is created to help carry out the provisions of this ordinance. The members of the Philippine National Police and Smoke/Vape-Free Task Forces are directed to carry out the provisions of this Ordinance, including the apprehension of violators and the institution of criminal proceedings for violations of this Ordinance, in accordance with relevant laws, rules and regulations, and strictly observing due process. It shall be composed of the following: Chairman : City Mayor Vice -Chairman : SP Chairman, Committee on Health Members : City Health Officer City Health Education & Promotion Officer City Legal Officer City Treasurer Business Sector Representative Chief of Pagadian City Police Station City Engineer City Tourism Officer City Information Officer City Building Official Business Permits and License Division City Fire Marshal or Representative Civil Society Organization Representative For this purpose, the Anti-Smoking/Vaping Task Force is tasked to inspect and monitor compliance of all places covered by this Ordinance, certify the appropriateness of the designated smoking areas, apprehend violators, and recommend closure of non-compliant establishment taking into consideration the provisions of existing laws and the purpose of smoking regulation which is to protect no-smokers from the pernicious effects of exposure to tobacco smoke. Sixty (60) days after effectivity of this Ordinance, the Anti-Smoking/Vaping Task Force in coordination with the Chief of Police shall conduct an ocular inspection of all establishments in Pagadian City to determine compliance with the requirements of this Ordinance. The Anti-Smoking/Vaping Task Force in coordination with the City Health Officer shall undertake educational awareness campaigns on the ill-effects of smoking and exposure to secondhand smoke, information dissemination programs, and capacity building programs and smoking cessation clinics. ARTICLE V- INFORMATION CAMPAIGN SECTION 13.?SMOKING CESSATION PROGRAM.?Local Government of Pagadian through the City Health Officer, in coordination with the DOH, are enjoined to develop, promote and implement the Local Smoking Cessation Programs consistent with the National Smoking Cessation Program established pursuant to RA No. 9211, and to encourage the participation of public and private facilities which may be able to provide for the requirements of the program. Such Programs should include the implementation of the provisions of this Ordinance regarding ENDS/ENNDS, HTPs and other novel tobacco products, Smokers/vapers who are willing to quit and/or those found violating this Ordinance may be referred to the said Program and its facilities. SECTION 14. PUBLIC BILLBOARDS, NOTICES IN BARANGAYS. Upon effectivity of this Ordinance, the Office of the City Engineer shall put up billboards in conspicuous places within the city to notify the public of the restrictions and sanctions imposed by this Ordinance. The Information office shall also immediately issue for dissemination at the barangay level notices regarding the obligations of persons under the Ordinance. SECTION 15. CONDUCT OF ORIENTATION, SEMINARS AND TRAININGS. Within sixty (60) calendar days from the effectivity of this Ordinance and periodically thereafter, the City Health Officer, with the assistance of the Health Education and Promotion Officer and the CSO representative hereof, shall develop and conduct a series of orientation, seminars and trainings for the enforcers of this Ordinance, at least one for each group, including but not limited to, deputized enforcers like Barangay Health Workers and the Barangay Tanod, and the Pagadian City Police Office. ARTICLE VI - FINAL PROVISIONS SECTION 16. FUNDING. An initial funding to defray the expenses necessary or incidental to the implementation of this Ordinance in the amount of One Hundred Thousand (P100,000.00) Pesos is hereby allocated. SECTION 17.?SEPARABILITY.?If any part of this Ordinance is held unconstitutional or invalid, the other provisions not otherwise affected shall remain in full force and effect. SECTION 18.?REPEAL.? All rules, regulations and issuances or parts thereof which are inconsistent with this Ordinance are hereby revoked, amended or modified accordingly. SECTION 19. EFFECTIVITY. - This Ordinance shall take effect after its publication in the newspaper of general circulation in Pagadian City for three (3) consecutive weeks and upon posting in at least two (2) conspicuous places. ENACTED AND APPROVED by the Sangguniang Panlungsod (14th City Council) during its 94th Regular Session on 16 October 2024 at the SP Session Hall, 4th Floor City Commercial Center (C3), Santiago District, Pagadian City.