Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL.NO, 2843 _

Introduced by Representative Nicasio M. Aliping, Jr.

Hi
EXPLANATORY NOTE

The Constitution, Article 3, Section 15, provides

Section 15. The state shall protect and promote the right to health of the people
and instil health consciousness among them

As party to the World Health Organization Framework Convention on Tobacco Control,
the Philippines committed to have each unit package of tobacco products purchased by
consumers to include health wamings describing the harmful effects of tobacco use. The
Tobacco Regulation Act of 2003 provides that starting 1 July 2006, the health warning shall be
‘on the bottom portion of one (1) front panel including any border or frame, Experience has
shown, however, that the tobacco packages may simply be turned over or flipped over to hide the
health warnings mandated by law.

This bill thus seeks to provide for textual health warnings to be placed on both sides of a
tobacco product package provided to consumers, This will ensure that the message concerning
the harm posed by tobacco products is properly communicated to the public.

Approval of this bill is therefore recommended.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL no.2848

Introduced by Representative Nicasio M. Aliping, Jr.

AN ACT
PRESCRIBING THE PRINTING OF TEXTUAL HEALTH WARNINGS ON TOBACCO
PRODUCTS

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

Section 1. Short title. — This Act shall be known as “The Textual Health Warning Law
of 2013.”

Section 2. Definition of terms, — (a) “Textual Health Warming” - refers to the notice
printed on the tobacco product package which shall accurately state the hazards of tobacco use

(b) “Tobacco Product Package” - refers to packet and package in which tobacco
products are provided to consumers such as, but not limited to packs, tins, pouches,
hinged-lid packages, but excludes reams and mastercases and other forms of packaging
not primarily intended for consumers or for retail sale.

(0) “Soft Package” - refers to packaging made of thin paper or any similar
material

(d) “Hinged-Lid Package” - refers to packaging typically made of paperboard
with a top cover that can swing open through its pivot.


(c) “Stock Keeping Unit” - refers to a distinct item in the inventory that is offered
for sale to the consumers

Section 3. Coverage — The Textual Health Warning Law is only applicable to tobacco
products that are locally manufactured or imported into the Philippines and placed into
commerce in the Philippines. No provision of this Act shall apply to tobacco products intended
for the export market and not for domestic sale in the Philippines. In the case of cigarettes
intended or offered for export, they shall only be subject to the requirement that one side panel of
the mastercases, reams/cartons, and one side panel of each cigarette pack primarily intended
retail sale to consumers, shall be marked with the following: “For sale only in (Place of Sale)”, “
Made under authority of (Trademark Owner)”, and the tax assessment number assigned by the
Bureau of Intemal Revenue to the domestic manufacturer that exports tobacco products, in
addition to the fiscal and regulatory marking requirements of the country where the tobacco
products will be ultimately sold

Section 4. Health Warnings On Tobacco Product Packages — The textual health
warnings must comply with the following specifications

(a) The textual health warnings shall be printed at the bottom portion of the front
and back panels. Both textual health warnings shall occupy 30% of each display panel,
including any border or frame,

(b) The textual health warnings shall not be printed on an area where it may be
obliterated, obstructed, folded, severed or become unreadable when the tobacco product
package is opened or closed or when a wrapper on the package is removed.

(c) Each set of textual health warnings shall contain eight (8) versions which shall
be rotated periodically or printed simultaneously and separately, for each stock keeping
unit, so that each variation shall appear in approximately equal frequency over the yearly
volume;

(d) The eight (8) versions of textual health warnings shall be printed in English in
the front panel and in Filipino at the back panel, for each stock keeping unit. The textual
health warnings shall appear in a clearly legible type in black text on a white background
with a black border and in contrast by typography; layout or color to the other printed
materials on the package, and shall occupy a total area of not less than fifty percent
(50%) of the total textual warning frame;


(c) The prescribed textual health warnings to be determined by the Inter-Agency
Committee on Tobacco (IAC-T), must be evidence-based and must accurately and
truthfully state the health hazards associated with the use of tobacco products

Section 5. Transition Period. — (a) Within six (6) months from the effectivity of the
Rules and Regulations implementing this Act, the IAC-T shall issue the first set of health
warnings, containing eight (8) versions of textual health warnings accurately stating the hazards
of smoking.

(b) Eighteen (18) months after the release by the IAT-T of the initial set of textual
health warnings, all tobacco products withdrawn from a manufacturing facility, or
Imported into the Philippines customs territory in the case of imported tobacco products,
shall carry textual health warnings on both the front panel and back panel as prescribed in
Section 4 of this Act.

(c) The first set of textual health warnings shall have a validity period of at least
five (5) years commencing from the first day when manufacturers are required 10
withdraw compliant products from their premises, or from the first day by which
importers are required to import compliant products

(d) After three hundred sixty (360) days counted from the first day when
manufacturers are required to withdraw from their premises or importers are required to
import products bearing the prescribed textual health warnings based on the period
specified in Section 5(b) hereinabove, no tobacco products shall be sold or offered for
sale In the domestic market unless the same comply with the mandated textual health
warnings prescribed under the Act.

(c) After the lapse of at least five (5) years corresponding to the validity period of
the first set of textual health warnings, the IAC-T may require a new set of health
warnings

(f) The second or succeeding sets of textual health warnings may be issued by the
IAC-T provided that the new health warnings conform to the specifications outlined in
Section 4 of this Act; Provided further, that the manufacturers and importers shall be
given at least one (1) year to transition to the new set of textual health warnings counted
from the date of release by the IAC-T of the new set of health warnings. After such
transition period, all tobacco products withdrawn from a manufacturing facility or
imported into Philippines customs territory in the case of imported tobacco products,
shall carry the new set of textual health warnings


(g) Tobacco products carrying the previous set of textual health warnings may
continue to be sold or offered for sale within three hundred sixty (360) days from the first
day when manufacturers are required to withdraw from their premises or importers are
required to import products bearing the new set of textual health warnings as specified in
Section 5(f) hereinabove

Section 6, Side Panel ~ In addition to the graphic health warning, all tobacco product
packages that are provided to consumers shall contain, on one side panel the following statement
inva clear, legible and conspicuous manner, “NO SALE TO MINORS” or “NOT FOR SALE TO
MINORS”.

The statements shall occupy an area of not less than ten percent (10%) of the side panel
and shall appear in contrast by color, typography or layout with all the other printed material on
the side panels.

Section 7. Prohibited Acts ~ It shall be unlawful for manufacturers or importers, to
withdraw from, its manufacturing facility, or import into the Philippines, for domestic sale, in
violation of Sections 4, 5(b), 5(d), 5(f), 5(), and of this Act

It shall likewise be unlawful for distributors, wholesalers or retailers to sell, offer to sell,
or distribute tobacco products in violation of Sections 5(d) and S(g) of this Act.

If the violation is committed by a business entity, the owner, president, general manager,
or the responsible officers thereof shall be liable for the offense,

Section 8. Penalties — The following penalties shall apply:

(a) Any manufacturer or importer found guilty of violating the provisions of
Sections 4, 5(b), 5(d), 5(£) and 5(g), and 6 hereof shall be meted the following penalties.

1, On the first offense, a fine of not more than One Hundred Thousand
Pesos (Php 100,000.00) shall be imposed;

2. On the second offense, a fine of Five Hundred Thousand Pesos (Php
500,000.00) shall be imposed

3. On the third offense, in addition to a fine of One Million Pesos (Php
1,000,000.00), or imprisonment of not more than one (1) year, or both at the
discretion of the court, the business permits and licenses to operate may also be
cancelled or revoked.


(b) Any distributor, wholesaler or retailer found guilty of violating the provisions
of Sections $(d) and 5(g) hereof shall be meted the following offenses:

1, On the first offense, a fine of not more than Ten Thousand Pesos (Php
10,000.00) shall be imposed;

2. On the second offense, a fine of Fifty Thousand Pesos (Php 50,000.00)
shall be imposed;

3. On the third offense, in addition to a fine of One Hundred Thousand
Pesos (Php 100,000.00), or imprisonment of not more than one (1) year, or both at
the discretion of the court, the business permits and licenses to operate may also
be cancelled or revoked

If the guilty officer is an alien, he shall summarily be deported after serving his sentence
and shall be forever barred from re-entering the Philippines,

Section 9. Implementing Agency — Pursuant to Section 29 of Republic Act No 9211, the
IAC-T shall have the exclusive jurisdiction to administer and implement the provisions of this
Act

For purposes of effectively implementing this Act, the IAC-T is hereby authorized to
deputize appropriate law enforcement agencies, including those assigned in the economic zones.
The IAC-T may also deputize local government executives and representatives of the national
‘government agencies to monitor and ensure compliance with this Act.

Section 10. Appropriations — The amount necessary to implement the provisions of this
Act shall be charged against the current year’s appropriations of the national govemment
agencies belonging to the IAC-T. Thereafter, such funds as may be necessary for the continued
implementation of this Act shall be included in the budgets of each IAC-T member under the
annual General Appropriations Act.

Section 11. Separability Clause ~ Should any provisions of this Act be subsequently
declared unconstitutional, the other provisions not so declared shall remain in full force and
effect

Section 12. Repealing Clause — Section 13 of Republic Act No. 9211 and Department
of Health Administrative Order No. 2010-0013 are hereby repealed. All other laws, decrees,


executive order and other administrative issuances and parts thereof which are inconsistent with
the provisions of this Act are hereby modified, superseded or repealed accordingly.

Section 13. Effectivity — This Act shall take effect fifteen (15) days following its

publication in the Official Gazette or in a major daily newspaper of national circulation in the
Philippines

Approved,