THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
1 
Third Regular Session 
1 
: n) 
SENATE 
S.B.No. 
I i ,  
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
A fire-safe cigarette has a reduced propensity to burn when left unattended. The most 
common fire-safe technology used by cigarette manufacturers is to wrap cigarettes with two or 
three thin bands of less-porous paper that act as “speed bumps” to slow down a burning cigarette. 
If a fire-safe cigarette is left unattended, the burning tobacco will reach one of these speed bumps 
and self-extinguish. 
The idea for fire safe cigarettes is not new. In 1929, a cigarette-ignited fire in Lowell, 
MA, caught the attention of U.S. Congresswoman Edith Nourse Rogers; she called for the 
National Bureau of Standards (Bureau) to develop technology for “self-snubbing” 
cigarettes. Sometime in 1932, after three years of research, the Bureau had developed a “self- 
snubbing” cigarette and the Bureau suggested that cigarette manufacturers “take up the idea.” 
No cigarette manufacturer took the advice of the Bureau. Likewise, there were other attempts to 
make it a legal requirement for cigarette manufacturers to make their cigarettes lire-safe but 
these initiatives were defeated by tobacco lobbyists. 
In 2004, New York State saw a dramatic decline in deaths caused by cigarette fires in the 
first few months alone following its adoption of its Fire Safe Cigarettes Act. Since then, not only 
other US states but also other countries have begun to realize the use of cigarettes with a proven, 
reduced propensity to ignite other materials saves lives and offers the best opportunity to achieve 
the next big leap fonvard in fire protection 


This bill seeks to create the Philippines' own Fire Safe Cigarettes law, in an attempt to 
reduce - if not eliminate - fire accidents caused by cigarette fires. 
IRIAM DEFEGSOR 
SANTIAGO 
P 


THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
1 
Third Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
REQUIRING CIGARETTES TO MANUFACTURED PUSUANT TO 
FIRE SAFETY STANDARDS 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assern bled: 
SECTION 1. Short Title. - This Act shall be known as “Fire Safe Cigarettes Act of 
2007.” 
SECTION 2. Declaration of Policy. - It is the policy of the State to promote the general 
welfare of the people. Pursuant to this policy, this Act seeks to protect people from fire accidents 
caused by cigarettes. 
SECTION 3. DeJinition of Terms. -For purposes of this Act: 
(A) “Agent” shall mean any person authorized by the Bureau of Internal Revenue to 
purchase and affix tax stamps on packages of cigarettes; 
(B) “Cigarette” shall mean: 
(1) 
Any roll for smoking, whether made wholly or in part of tobacco or any other 
substance, irrespective of size or shape, and whether or not such tobacco or 
substance is flavored, adulterated or mixed with any other ingredient, the 
wrapper or cover of which is made of paper or any other substance or 
material, other than leaf tobacco; or 
Any roll for smoking wrapped in any substance containing tobacco which, 
because of its appearance, the type of tobacco used in the filler, or its 
(2) 


pacltaging and labeling, is likely to be offered to, or purchased by, consumers 
as a cigarette as described in Paragraph 1 above. 
(C) “Consumer testing” shall mean an assessment of cigarettes that is conducted by a 
manufacturer or under the control and direction of a manufacturer, for the purpose 
of evaluating consumer acceptance of such cigarettes, utilizing only the quantity 
of cigarettes that is reasonably necessary for such assessment, and in a controlled 
setting where the cigarettes are either consumed on-site or returned to the testing 
administrators at the conclusion of the testing; 
(D) “Director” shall mean the Director of the Bureau of Fire Protection; 
(E) “Manufacturer” shall mean: 
(1) 
Any entity which manufactures or othenvise produces cigarettes or causes 
cigarettes to be manufactured or produced anywhere that such manufacturer 
intends to be sold in the Philippines, including cigarettes intended to be sold in 
the Philippines through an importer; or 
The first purchaser anywhere that intends to resell in the Philippines cigarettes 
manufactured anywhere that the original manufacturer or maker does not 
intend to be sold in the Philippines; or 
Any entity that becomes a successor of an entity described in Paragraph (1) or 
(2) above. 
(2) 
(3) 
(F) “Quality control and quality assurance program” shall mean the laboratory 
procedures implemented to ensure that operator bias, systematic and nonsystematic 
methodological errors, and equipment-related problems do not affect the results of 
the testing. Such a program ensures that the testing repeatability remains within the 
required repeatability values stated in Section 4 of this Act for all test trials used to 
certify cigarettes in accordance with this Act; 
(G) “Repeatability” shall mean the range of values within which the repeat results of 
cigarette test trials from a single laboratory will fall 95 percent of the time; 
(H) “Retail dealer” shall mean any person, other than a manufacturer or wholesale 
dealer, engaged in selling cigarettes or tobacco products; 


(I) 
“Sale” shall ineaii any transfer of title or possession or both, cxchange or barter, 
conditional or otherwise, in any manner or by any means whatever or any 
agreement therefor. In addition to cash and credit sales, the giving of cigarettes as 
samples, prizes or gifts, and the exchanging of cigarettes for any consideration other 
than money, are considered sales; 
(J) 
“Sell” shall mean to sell, or to offer or agree to do the same; and 
(K) “Wholesale dealer” shall mean any person other than a manufacturer who sells 
cigarettes or tobacco products to retail dealers or other persons for purposes of 
resale, and any person who owns, operates or maintains one or more cigarette or 
tobacco product vending machines in, at or upon premises owned or occupied by 
any other person. 
SECTION 4. Test Method and Performance Standard. - (A) Except as provided in 
Paragraph (G) of this Section, no cigarettes may be sold or offered for sale in this State or 
offered for sale or sold to persons located in the Philippines unless the cigarettes have been tested 
in accordance with the test method and meet the performance standard specified in this section, a 
written certification has been filed by the manufacturer with the Bureau of Fire Protection in 
accordance with Section 5 of this Act, and the cigarettes have been marked in accordance with 
Section 6 of this Act. 
In addition, the following guidelines regarding the test method and performance standard 
of cigarettes shall be observed: 
(1) Testing of cigarettes shalI be conducted in accordance with the American 
Society of Testing and Materials (“ASTM’) standard E21 87-04, “Standard 
Test Method for Measuring the Ignition Strength of Cigarettes.” 
Testing shall be conducted on 10 layers of filter paper. 
No more than 25 percent of the cigarettes tested in a test trial in accordance 
with this section shall exhibit full-length bums. Forty replicate tests shall 
comprise a complete test trial for each cigarette tested. 
(2) 
(3) 


(4) The perfomance standard required by this section shall only be applied to a 
complete test trial. 
Written certifications shall be based upon testing conducted by a laboratory 
that has been accredited pursuant to standard ISO/IEC 17025 of the 
International Organization for Standardization (“ISO”), or other comparable 
accreditation standard required by the Bureau of Fire Protection. 
( 5 )  
(6) 
Laboratories conducting testing in accordance with this section shall 
implement a quality control and quality assurance program that includes a 
procedure that will determine the repeatability of the testing results. The 
repeatability value shall be no greater than 0.19. 
This section does not require additional testing if cigarettes are tested 
consistent with this Act for any other purpose. 
Testing performed or sponsored by the Bureau of Fire Protection to determine 
a cigarette’s compliance with the performance standard required shall be 
conducted in accordance with this section. 
(7) 
(8) 
(B) Each cigarette listed in a certification submitted pursuant to Section 5 of this Act 
that uses lowered permeability bands in the cigarette paper to achieve compliance with the 
performance standard set forth in this section shall have at least two nominally identical bands on 
the paper surrounding the tobacco column. At least one complete band shall he located at least 
15 millimeters from the lighting end of the cigarette. For cigarettes on which the bands are 
positioned by design, there shall be at least two bands fully located at least 15 millimeters from 
the lighting end and 10 millimeters from the filter end of the tobacco column, or 10 millimeters 
from the labeled end of the tobacco column for non-filtered cigarettes. 
(C) A manufacturer o f  a cigarette that the Bureau of Fire Protection determines cannot 
be tested in accordance with the test method prescribed in Paragraph (A)(I) of this section shall 
propose a test method and performance standard for the cigarette to the Bureau of Fire 
Protection. Upon approval of the proposed test method and a determination by the Bureau of Fire 
Protection that the performance standard proposed by the manufacturer is equivalent to the 
performance standard prescribed in Paragraph (A)(3) of this Section, the manufacturer may 


employ such test method and perfommice standard to certify such cigarette pursuant to Section 5 
of this Act. If the Bureau of Fire Protection detemiines that another state has enacted reduced 
cigarette ignition propensity standards that include a test method and performance standard that 
are the same as those contained in this Act, and the Bureau of Fire Protection finds that the 
officials responsible for implementing those requirements have approved the proposed 
alternative test method and performance standard for a particular cigarette proposed by a 
manufacturer as meeting the fire safety standards of that state’s law or regulation under a legal 
provision comparable to this Section, then the Bureau of Fire Protection shall authorize that 
manufacturer to employ the alternative test method and performance standard to certify that 
cigarette for sale in this State, unless the Bureau of Fire demonstrates a reasonable basis why the 
alternative test should not be accepted under this Act. All other applicable requirements of this 
section shall apply to the manufacturer. 
(D) Each manufacturer shall maintain copies of the reports of all tests conducted on all 
cigarettes offered for sale for a period of three (3) years, and shall make copies of these reports 
available to the Bureau of Fire Protection and other government agencies upon written request. 
Any manufacturer who fails to make copies of these reports available within sixty days of 
receiving a written request shall be subject to a penalty not to exceed Ten Thousand Pesos 
(PlO,OOO.OO) for each day after the sixtieth day that the manufacturer does not male such copies 
available. 
(E) The Bureau of Fire Protection may adopt a subsequent ASTM Standard Test 
Method for measuring the Ignition Strength of Cigarettes upon a finding that such subsequent 
method does not result in a change in the percentage of full-length burns exhibited by any tested 
cigarette when compared to the percentage of full-length bums the same cigarette would exhibit 
when tested in accordance with ASTM Standard E2187-04 and the performance standard in 
Paragraph (A)(3) of this Section. 
(F) The Bureau of Fire Protection shall review the effectiveness of this section and 
report every three (3) years to the Legislature its findings and, if appropriate, recommendations 
for legislation to improve the effectiveness of this Act. 
The report and legislative 


recommendations shall be submitted no later than June thirtieth following the conclusion of each 
three-year period. 
(G) The requirements of Paragraph (A) ofthis section shall not prohibit: 
(1) 
Wholesale or retail dealers from selling their existing inventory of cigarettes 
on or after the effective date of this Act if the wholesale or retailer dealer can 
establish that state tax stamps were affixed to the cigarettes prior to the 
effective date and the wholesale or retailer dealer can establish that the 
inventory was purchased prior to the effective date in comparable quantity to 
the inventory purchased during the same period of the prior year; or 
The sale of cigarettes solely for the purpose of consumer testing. 
(2) 
SECTION 5. Certification and Product Change. -(A) Each manufacturer shall submit 
Bureau of Fire Protection a written Certification attesting that: 
(1) 
Each cigarette listed in the certification has been tested in accordance with 
Section 4 of this Act; and 
Each cigarette listed in the certification meets the performance standard set 
forth in Section 4. 
(2) 
(B) Each cigarette listed in the certification shall be described with the following 
information: 
Brand, or trade name on the package; 
Style, such as light or ultra light; 
Length in millimeters; 
Circumference in millimeters; 
Flavor, such as menthol or chocolate, if applicable; 
Filter or non-filter; 
Package description, such as soft pack or box; 
Marking pursuant to Section 6 of this Act; 
The name, address and telephone number of the laboratory, if different than 
the manufacturer that conducted the test; and 


(10) The date that the testing occurred. 
(C) The certifications shall be made available to any government agency for purposes 
consistent with this Act and the Bureau of Fire Protection for the purposes of ensuring 
compliance with this Section. 
(D) Each cigarette certified under this section shall be re-certified every three (3) years. 
(E) For each cigarette listed in a certification, a manufacturer shall pay to the Bureau of 
fire protection a fee of Five Hundred Pesos (P500.00). The Bureau of Fire Protectiori is 
authorized to annually adjust this fee to ensure it defrays the actual costs of the processing, 
testing, enforcement and oversight activities required by this Act. 
(F) There is established in the National Treasury a separate, nonlapsing fund to be 
known as the “Cigarette Fire Safety Standard Act Enforcement Fund.” The fund shall consist of 
all certification fees submitted by manufacturers, and shall, in addition to any other monies made 
available for such purpose, subject to relevant Commission on Audit rules and regulations 
regarding the disposition funds, be available to the Bureau of Fire Protection solely to support 
processing, testing, enforcement and oversight activities under this Act. 
(G) If a manufacturer has certified a cigarette pursuant to this Section, and thereafter 
makes any change to such cigarette that is likely to alter its compliance with the reduced 
cigarette ignition propensity standards required by this Act, that cigarette shall not be sold or 
offered for sale in the Philippines until the manufacturer retests the cigarette in accordance with 
the testing standards set forth in Section 4 of this Act and maintains records of that retesting as 
required by Section 4 of this Act. Any altered cigarette which does not meet the performance 
standard set forth in Section 4 of this Act may not be sold in the Philippines. 
SECTION 6. Marking of Cigarette Packaging. - (A) Cigarettes that are certified by a 
manufacturer in accordaiice with Section 5 of this Act shall be marked to indicate compliance 
with the requirements of Section 4 of this Act. The marking shall be in eight point type or larger 
and consist of: 
(1) 
Modification of the product UPC Code to include a visible mark printed at or 
around the area of the UPC Code. The mark may consist of alphanumeric or 


symbolic characters permanently stamped, engraved, embossed or printed in 
conjunction with the UPC; or 
Any visible combination of alphanumeric or symbolic characters permanently 
stamped, engraved or embossed upon the cigarette package or cellophane 
wrap; or 
Printed, stamped, engraved or embossed text that indicates that the cigarettes 
meet the standards of this Act. 
(2) 
(3) 
(B) A manufacturer shall use only one marking, and shall apply this marking uniformly 
for all packages, including but not limited to packs, cartons, and cases, and brands marketed by 
that manufacturer. 
(C) The Bureau of Fire Protection shall be notified as to the marking that is selected. 
(D) Prior to the certification of any cigarette, a manufacturer shall present its proposed 
marking to the Bureau of Fire Protection for approval. Upon receipt of the request, the Bureau of 
Fire Protection shall approve or disapprove the marking offered, except that the Bureau shall 
approve: 
(1) 
Any marking in use and approved for sale in the Philippines pursuant to the 
Philippine Fire Safety Standards for Cigarettes, or 
The letters "FSC,"which signifies Fire Standards Compliant appearing in 8 
point type or larger and be permanently printed, stamped, engraved or 
embossed on the package at or near the UPC code. 
(2) 
Proposed markings shall be deemed approved if the Bureau of Fire Protection fails to act 
within fifteen (15) business days of receiving a request for approval. 
(E) No manufacturer shall modify its approved marking unless the modification has 
been approved by the Bureau of Fire Protection in accordance with this Section. 
(F) Manufacturers certifying cigarettes in accordance with Section 5 of this Act shall 
provide a copy of the certifications to all wholesale dealers and agents to which they sell 
cigarettes, and shall also provide sufficient copies of an illustration of the package marking 
utilized by the manufacturer pursuant to this section for each retail dealer to which the 
wholesale dealers or agents sell cigarettes. Wholesale dealers and agents shall provide a copy 


of these package markings received from manufacturers to all retail dealers to which they sell 
cigarettes. Wholesale dealers, agents and retail dealers shall permit the Bureau of Fire 
Protection, the Bureau of Internal revenue, the Department of Trade and Industry, and their 
employees to inspect markings of cigarette packaging marked in accordance with this Section, 
SECTION 7. Penalties. - (A) A manufacturer, wholesale dealer, agent or any other 
person or entity who knowingly sells or offers to sell cigarettes, other than through retail sale, in 
violation of Section 4 of this Act, shall be subject to a penalty of not more than Two Hundred 
Pesos (P200.00) for each pack of such cigarettes sold or offered for sale provided that in no case 
shall the penalty against any such person or entity exceed Two Hundred Thousand Pesos 
(P200,OOO.OO) during any thirty-day period. 
(B) A retail dealer who knowingly sells or offers to sell cigarettes in violation of 
Section 4 of this Act shall be subject to a penalty of not more than Two Hundred Pesos 
(P200.00) for each pack of such cigarettes sold or offered for sale provided that in no case shall 
the penalty against any such person or entity exceed Two Hundred Thousand Pesos 
(PlOO,OOO.OO) during any thirty-day period. 
(C) In addition to any penalty prescribed by law, any corporation, partnership, sole 
proprietor, limited partnership or association engaged in the manufacture of cigarettes that 
knowingly makes a false certification pursuant to Section 5 of this Act shall be subject to a 
penalty of not less than One Hundred Thousand Pesos (PlO0,OOO.OO) but not more than Five 
Hundred Thousand Pesos (P500,OOO.OO) for each such false certification. 
(D) Any person violating any other provision in this Act shall be subject to a penalty for 
a first offense of not more than One Thousand Pesos (Pl,OOO.OO), and for a subsequent offense 
subject to apenalty not to exceed Five Thousand Pesos (P5,OOO.OO) for each such violation, 
(E) Any cigarettes that have been sold or offered for sale that do not comply with the 
performance standard required by Section 4 of this Act shall be subject to forfeiture [under the 
pertinent provision of state law having to do with forfeiture of contraband]. Cigarettes forfeited 
pursuant to this section shall be destroyed; provided, however, that prior to the destruction of any 


cigarette forfeited pursuant to these provisions, h e  true holder of the trademark rights in the 
cigarette brand shall be permitted to inspect the cigarette. 
(F) In addition to any other remedy provided by law, the Bureau of Fire Protection, the 
Solicitor General or any other government agency adversely affected may file an action in the 
Regional Trial Court, subject to the rules on venue of actions under the Rules of Court, for a 
violation of this Act, including petitioning for injuuctive relief or to recover any costs or 
damages suffered by the State because of a violation o f  this Act, including enforcement costs 
relating to the specific violation and attorney’s fees. Each violation of this Act or of the Rules 
and Regulations adopted under this Act constitutes a separate violation Cor which the Bureau o f  
Fire Protection, Attorney General or any other government agency adversely affected may obtain 
relief. 
(G) Whenever any law enforcement personnel or duly authorized representative of the 
Bureau of Fire Protection shall discover any cigarettes that have not been marked in the manner 
required by section 6 of this Act, such personnel is hereby authorized and empowered to seize 
and take possession of such cigarettes. Such cigarettes shall be turned over to the Bureau of 
Internal Revenue, and shall be forfeited to the state. Cigarettes seized pursuant to this section 
shall be destroyed; provided, however, that prior to the destruction of any cigarette seized 
pursuant to these provisions, the true holder of the trademark rights in the cigarette brand shall be 
permitted to inspect the cigarette. 
SECTION 8. Implementation. - Within sixty (60) days from the promulgation of this Act, 
the Bureau of Fire Protection shall promulgate rules and regulations, pursuant to the law on 
publication, necessary to effectuate the purposes of this Act. 
The Bureau of Internal Revenue or its representatives in the regular course of conducting 
inspections of wholesale dealers, agents and retail dealers, as authorized under the National 
Internal Revenue Code, as amended, may inspect such cigarettes to determine if the cigarettes 
are marked as required by Section 6 of this Act. If the cigarettes are not marked as required, the 
Bureau of Internal Revenue or its representatives shall notify the Bureau of Fire Protection. 


SECTION 9. Inspection. - To enrorce the provisions of this Act, the Solicitor General, 
the Bureau of Internal Revenue and the Bureau of Fire Protection, their duly authorized 
representatives and other law enforcement personnel are hereby authorized to examine the 
books, papers, invoices and other records of any person in possession, control or occupancy of 
any premises where cigarettes are placed, stored, sold or offered for sale, as well as the stock of 
cigarettes on the premises. Every person in the possession, control or occupancy of any premises 
where cigarettes are placed, sold or offered for sale, is hereby directed and required to give the 
Solicitor General, the Bureau of Internal Revenue and the Bureau of Fire Protection, their duly 
authorized representatives and other law enforcement persomiel the means, facilities and 
opportunity for the examinations authorized by this Section. 
SECTION 10. Cigarette Fire Safe@ Standard Fund. - There is hereby established in the 
National Treasury a special fund to be known as the “Cigarette Fire Safety Standard Fund.” The 
fund shall consist of all monies recovered as penalties under Section 7 of this Act. The monies 
shall be deposited to the credit of the fund and shall, in addition to any other monies made 
available for such purpose, be made available to the Bureau of Fire Protection to support fire 
safety and prevention programs. 
SECTION 11. Sale Outside the Philippines. - Nothing in this Act shall be construed to 
prohibit any person or entity from manufacturing or selling cigarettes that do not meet the 
requirements of Section 4 of this Act if the cigarettes are or will be stamped for sale in another 
country or are packaged for sale outside the Philippines and that person or entity has taken 
reasonable steps to ensure that such cigarettes will not be sold or offered for sale to persons 
located in the Philippines. 
SECTION 12. Separability Clause. - If any provision, or part hereof, is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
valid and subsisting. 


SECTION 13. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
with the provisions of this act is hereby repealed, modified or amended accordingly. 
SECTION 14. Eflectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
irgs