The Department of Trade and Industry issued the implementing rules and regulations for the Vape Regulation Act which commits stricter implementation in selling, advertising, and the usage of nicotine and non-nicotine products and devices.
The Department of Trade and Industry (DTI) has released the implementing rules and regulations (IRR) for the Vape Regulation Act or RA 11900. which regulates the importation, manufacture, sale, packaging, distribution, use, and communication of vaporized nicotine and non-nicotine products as well as novel tobacco products.
This has been enacted in accordance with the policy of the State to protect and promote the right to health of the people and instill health consciousness among them.
There are about 17.3 million Filipino adult smokers, 15 years old or older, of which 84 percent are males and 16 percent are females. 48 percent of these adult smokers tried to quit but only 5 percent were successful.
The IRRs
Proof-of-age verification, business registration prior to marketing and sale, the proximity of sales and promotion to minors, and point-of-sale signage are among the key provisions set in terms of selling vaporized nicotine and non-nicotine products, their devices, or novel tobacco products.
The IRR ordered retailers to ensure that no individual below 18 years of age is allowed to purchase vaporized nicotine and non-nicotine products, their devices, or even novel tobacco products. This can be done by requiring the presentation of any valid government-issued ID showing the buyer’s photograph and age or date of birth.
Section 3(a) of the IRR states that e-marketplaces, e-commerce platforms, selling facilities embedded in social media websites/applications, and/or other similar selling platforms shall only allow DTI and Bureau of Internal Revenue (BIR) duly registered distributors, merchants, or retailers of Vaporized Nicotine and Non-Nicotine Products, their devices, and Novel Tobacco Products to sell in their web site or platform pursuant to Section 19 of RA 11900.
This specific provision mentioned that the BIR and local government unit (LGU) must be separate from DTI business name registration, Securities and Exchange Commission (SEC) registration, or Cooperative Development Authority registration.
Selling and promoting nicotine and non-nicotine products within 100 meters of any point of the perimeter of a school, playground, or any other facilities frequented by minors shall also be prohibited.
Regarding the pricing of vape products, the IRR indicated that the BIR would have "exclusive jurisdiction" over setting floor prices for vaporized nicotine and non-nicotine products, as well as novel tobacco products.
Meanwhile, the Department of Health (DoH) is tasked to conduct vaping restriction awareness campaigns with concerned government agencies to increase awareness of using such products across the country.
The Food and Drug Administration (FDA), for its part, shall have exclusive jurisdiction on vapor product refills, heated tobacco product consumables, and novel tobacco products with express therapeutic, medicinal, or reduced risk claims pursuant to RA 9711, or the Food and Drug Administration Act of 2009, and RA 11900.
The IRRs shall take effect 15 days after their publication in the Official Gazette or in at least two newspapers of general circulation.
Tags: #Vape, #IRR, #Strict, #MinorsNotAllowed