Tublay passes tobacco ordinance

In order to promote a healthful environment and to protect the constituents of the municipality from the hazards of tobacco smoke, a balanced policy on the use, sale, advertisement and distribution of tobacco products was proposed.

The ordinance known as the “Smoke Free Ordinance of the Municipality” aims to safeguard public health and ensure the well being of all its constituents by protecting them from harmful effects of smoking and tobacco consumption.
The proponent also cited the Tobacco Regulation Act of 2003 (RA No. 9211) which prohibits smoking in certain public places whether enclosed or outdoors; prohibits the purchase and sale of cigarettes and other tobacco products from and to minor and in certain places frequented by minors; imposes bans and restrictions on advertising, promotion and sponsorship activities of tobacco companies; and directs local government units to implement these provisions.

The country’s Clean Air Act 0f 1999 also declares the right of citizens to breathe clean air, prohibits smoking inside enclosed public places including vehicles and other means of transport, and direct local governments to implement this provision.

The ordinance will be applied in public places like centers of youth activity including schools, recreational facilities for persons under eighteen years old and will include but not limited to playgrounds; elevators and stairwells; locations which are fire hazards specifically gas stations and storage of flammable liquids; buildings and premises of public and private hospitals, and health centers; public conveyances and public transportation facilities; and food preparation areas.

The designated area for smoking must be fully separated from smoke free area by continuous floor to ceiling or floor to solid partitions which are interrupted only by doors equipped with door closers, and which must be constantly closed except when a person is entering or exiting the area.

Moreover, the ordinance states the sale or distribution to, as well as the purchase from, any minor or cigarettes and other tobacco products is absolutely prohibited. In case of doubts as to the age of the buyer, retailers will verify, by means of any valid form of identification paper containing both the photograph and the date of birth of the bearer that the buyer is at least eighteen years old. Further, ignorance of real age is not a defense.