THE 20TH City Council passed the revised Comprehensive Anti-Smoking Ordinance on April 16, aiming to intensify the protection of vulnerable minors from smoking and tobacco use.
The new law amends City Ordinance No. 0367-12 series of 2012, otherwise known as “The New Comprehensive Anti-Smoking Ordinance of Davao City as amended by Ordinance No. 037-19, series of 2019.
Councilor Luna Acosta, the committee on peace and public safety chairman, pushed the changes for higher penalties on smoking or vaping in public places and selling smoke to minors.
She said they saw the need to amend the ordinance after the City Anti-Drug Abuse Council study, which showed that children exposed to smoking at a young age are highly susceptible to using drugs later on.
Selling to minors is prohibited, and they may require a government-issued ID before purchasing when age is in doubt.
Minors who fail to present ID upon purchase are subjected to be rescued by the City Social Welfare and Development Office. Meanwhile, establishments that fail to require the IDs are subjected to an administrative fine of P1,000.
An establishment selling or distributing any tobacco product, shisha, or vape to minors and selling within 100 meters of facilities where minors frequent will be fined P5,000. The city may also cancel or revoke their business license.
Individuals abetting or directing a minor to purchase or distribute such will be fined P5,000 with up to one year of imprisonment.
The ordinance still prohibits smoking in public places, such as accommodations and entertainment establishments including but not limited to restaurants, fast foods, eateries hotels, motels, lodges, inns, boarding houses, and the like.
Section 4 of the ordinance states it is unlawful for any person to smoke/vape or allow such activity of any tobacco product or use of Electronic Device Systems (EDS), Shisha, Vape, and the like in public places and areas within 100 meters from any point of the perimeter of schools and other facilities frequented by minors.
Smoking/vaping is allowed in duly designated smoking/vaping areas (DSVA), located within 10 meters of entrances, and exits of any place, however, minors are not allowed in DSVAs.
DSVAs should have “Smoking/Vaping area” signage, graphic health warnings, and prohibition of minors, prominently displayed.
Establishments that supply, sell, or distribute tobacco products are required to put up in a conspicuous area the sign “Strictly No Smoking/Vaping for Minors” with a minimum of three inches tall.
Persons in charge of schools or any facilities for minors are required to post the sign “Selling, advertising and/or Promoting Smoking/Vaping, Tobacco products, Electronic Device Systems, Shisha, Vape, and the like not allowed within 100 meters from any point in the perimeter of [Name of school/Playground/Facility for Minors],” in a visible area.
Meanwhile, point-of-sale establishments shall post a notice bearing “Sale and/or Distribution of Tobacco Products, Electronic Device Systems, Shisha, Vape, and the like to minors is unlawful,” along with a graphic health warning per the Department of Health.
Public utility vehicles should display a “No Smoking/Vaping sign with a maximum size of 3.5 square inches wherein for jeepneys, it must be placed at the back of the windshield, and another 10 sq. inches of the same in the back of the front row seats.
For taxis and vans, the warning shall be placed in the glove compartment, the front side of the taxi windshield, and another 10 sq. inches sign at the back of the driver’s seat. Meanwhile, buses, must be placed at the back of the windshield, and another 14 sq. inches sign at any prominent area.
On top of the fine, violators must attend cessation counseling in accredited clinics and district health centers in the city.
(Photo by Julia Engel/Unsplash)
