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SowmrdsHaw

Republic of the Philippines

House of Representatives
Quezon City

SIXTEENTH CONGRESS

First Regular Session

HOUSE BILL NO. 2961

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Introduced by Honorable Anthony M. Bravo

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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
instill health consciousness among them.
‘As a 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 warnings describing the harmful effects of tobacco use. The
Tobacco Regulation Act of 2003 provides that starting | July 2006, the health warning shall
be on the bottom portion of one (1) front panel of every tobacco product package and occupy
not less than thirty percent (30%) of such panel including any border or frame. Experience
has shown, however, that the tobacco packages may simply be tuned 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 produets is properly communicated to the public

HON. ANTHONY M. BRAVO.


Republic of the Philippines

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3 House of Representatives

4 Quezon City

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6 SIXTEENTH CONGRESS

7 First Regular Session

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9 HOUSE BILLNO, 2961

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12 Introduced by Honorable Anthony M. Bravo

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14 “AN ACT

1S TO PRESCRIBE THE PRINTING OF TEXTUAL HEALTH WARNINGS
16 ON TOBACCO PRODUCTS”

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

17Section 1. Short title. - This Act shall be known as “The Textual Health Warning
18Law of 2013."

19Section 2. Definition of terms. —

20 a. “Textual Health Warning” - refers to the notice printed on the tobacco
21 product package which shall accurately state the hazards of tobacco
22 use.

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

28 c. “Soft Package” - refers to packaging made of thin paper or any similar
29 material

30 d. “Hinged-Lid Package” - refers to packaging typically made of

31 paperboard with a too cover that can swina open throuah its pivot


1 e. “Stock Keeping Unit” - refers to a distinct item in the inventory that is
5 offered for sale to the consumers.

3Section 3. Coverage - The Textual Health Warning Law is only applicable to
4tobacco products that are locally manufactured or imported into the Philippines and
Splaced into commerce in the Philippines. No provision of this Act shall apply to
6tobacco products intended for the export market and not for domestic sale in the
7Philippines. 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,
9and one side panel of each cigarette pack primarily intended for retail sale to
l0consumers, shall be marked with the following: “For sale only in (Place of Sale)’,
11"Made under authority of (Trademark Owner)’, and the tax assessment number
I2assigned by the Bureau of Internal Revenue to the domestic manufacturer that
I3exports tobacco products, in addition to the fiscal and regulatory marking
l4requirements of the country where the tobacco products will be ultimately sold

15Section 4, Health Warnings On Tobacco Product Packages ~ The textual health
16warnings must comply with the following specifications:

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

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

24 c. Each set of textual health warnings shall contain eight (8) versions which
25 shall be rotated periodically or printed simultaneously and separately, for
26 each stock keeping unit, so that each variation shall appear in

27 approximately equal frequency over the yearly volume;


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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 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;

e. 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,

12Section 5. Transition Period. —

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(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 IAC-T of the initial set of

textual health warnings, all tobacco products withdrawn from a
manufacturing facility, or imported into 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 to withdraw compliant products from their premises, or from the
first day by which importers are required to import compliant products.

(a) After one hundred eighty (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


1 warnings based on the period specified in Section 5(b) hereinabove, no

2 tobacco products shall be sold or offered for sale in the domestic market
3 unless the same comply with the mandated textual health warnings
4 prescribed under this Act

5 (e) After the lapse of at least two (2) years corresponding to the validity period
6 of the first set of textual health warnings, the IAC-T may require a new set
7 of health warnings

8 (f) The second or succeeding sets of textual health warnings may be issued
9 by the IAC-T provided that the new health warnings conform to the
10 specifications outlined in Section 4 of this Act; Provided further, that the
ul manufacturers and importers shall be given at least one (1) year to
12 transition to the new set of textual health warnings counted from the date
3B of release by the IAC-T of the new set of health warnings. After such
4 transition period, all tobacco products withdrawn from a manufacturing
15 facility, or imported into Philippines customs territory in the case of
16 imported tobacco products, shall carry the new set of textual health
17 ‘warnings.

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

24Section 6. Side Panel — In addition to the graphic health warning, all tobacco
25product packages that are provided to consumers shall contain, on one side panel
26the following statement in a clear, legible and conspicuous manner; "NO SALE TO
27MINORS" or "NOT FOR SALE TO MINORS.”

28The statements shall occupy an area of not less than ten percent (10%) of the side
29panel and shall appear in contrast by color, typography or layout with all the other


1Section 7. Prohibited Acts. — |t shall be unlawful for manufacturers or importers, to

2withdraw from its manufacturing facility, or import into the Philippines, for domestic
3sale, in violation of Sections 4, 5(b), 5(d), 5(f), 5(g), and 6 of this Act.

4lt 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 5(g) of this Act.

lf the violation is committed by a business entity, the owner, president, general

7manager, or the responsible officers thereof shall be liable for the offense.

8Section 8. Penalties. — The following penalties shall apply:

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

following penalties:

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

. On the second offense, a fine of Five Hundred

Thousand Pesos (Php 500,000.00), shall be

imposed;

On the third offense, in addition to a fine of One
Million Pesos (P1,000,000,00), 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 5(d) and 5(g) hereof shall be meted the following

penalties:


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

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

5 3. On the third offense, in addition to a fine of One
6 Hundred Thousand Pesos (P100,000.00), or
7 imprisonment of not more than one (1) year, or both
8 at the discretion of the court, the business permits
9 and licenses to operate may also be cancelled or
10 revoked,

1llf the guilty officer is an alien, he shall summarily be deported after serving his
12sentence and shall be forever barred from re-entering the Philippines.

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14Section 9. Implementing Agency — Pursuant to Section 29 of Republic Act No.
159211, the IAC-T shall have the exclusive jurisdiction to administer and implement the
16provisions of this Act.

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18For purposes of effectively implementing this Act, the IAC-T is hereby authorized to
19deputize appropriate law enforcement agencies, including those assigned in the
20economic zones. The IAC-T may also deputize local government executives and
2\representatives of the national government agencies to monitor and ensure

22compliance with this Act.

23Section 10, Appropriations. — The amount necessary to implement the provisions
24of this Act shall be charged against the current year's appropriations of the national
25government agencies belonging to the IAC-T. Thereafter, such funds as may be
26necessary for the continued implementation of this Act shall be included in the
27Tbudgets of each IAC-T member under the annual General Appropriations Act

28Section 11. Separability Clause — Should any provisions of this Act be
29subsequently declared unconstitutional, the other provisions not so declared shall

30remain in full force and effect.


1Section 12. Repealing Clause — Section 13 of Republic Act No. 9211 and
2Department of Health Administrative Order No. 2010-0013 are hereby repealed. All
3other laws, decrees, executive order and other administrative issuances and parts
4thereof which are inconsistent with the provisions of this Act are hereby modified,

Ssuperseded or repealed accordingly

6 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

8circulation in the Philippines

Adopted,